| Matter of Guzman v State of N.Y., Exec. Dept., Div. of Parole |
| 2005 NY Slip Op 06069 [20 AD3d 797] |
| July 21, 2005 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Gregory Guzman, Respondent, v State of New York, Executive Department, Division of Parole, et al., Appellants. |
—[*1]Crew III, J.P. Appeal from a judgment of the Supreme Court (Sheridan, J.), entered November 9, 2004 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Board of Parole denying petitioner's request for parole release.
Petitioner, who currently is serving concurrent prison terms of 7 to 21 years and 1
The Attorney General has advised this Court that petitioner reappeared before the Board as scheduled on June 14, 2005 and again was denied parole release. Petitioner's reappearance before the Board during the pendency of this appeal renders respondents' appeal moot (see Matter [*2]of Hall v New York State Div. of Parole, 18 AD3d 1036 [2005]). As we are unable to discern any exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]), the instant appeal is dismissed.
Peters, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.