| Matter of Hamilton v New York State Div. of Parole |
| 2012 NY Slip Op 09128 [101 AD3d 1549] |
| December 27, 2012 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Samuel Hamilton, Appellant, v New York State Division of Parole et al., Respondents. |
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Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for
respondents.
Malone Jr., J. Appeal from a judgment of the Supreme Court (Platkin, J.), entered March 16, 2012 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.
Petitioner commenced this CPLR article 78 proceeding challenging a determination of the Board of Parole rendered in November 2010 which denied his request for parole release and ordered him held for an additional 24 months. The Attorney General has advised this Court that petitioner reappeared before the Board[FN*] and his request for parole release was again denied. In view of his reappearance, the instant appeal must be dismissed as moot (see Matter of Rodriguez v Evans, 98 AD3d 1214 [2012]; Matter of Harris v New York State Bd. of Parole, 91 AD3d 1010 [2012]). [*2]
Peters, P.J., Rose, Lahtinen and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs. [Prior Case History: 36 Misc 3d 440.]