IN RE: Peter GRAZIANO (2005)

Supreme Court, Appellate Division, Third Department, New York.

IN RE: Peter GRAZIANO, Appellant, v. Brion TRAVIS, as Chair of the New York State Board of Parole, Respondent.

Decided: September 15, 2005

Before: MERCURE, J.P., PETERS, SPAIN, CARPINELLO and ROSE, JJ.

Peter Graziano, Marcy, appellant pro se. Eliot Spitzer, Attorney General, Albany (Frank Brady of counsel), for respondent.

Appeal from a judgment of the Supreme Court (Connor, J.), entered June 2, 2004 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.

Since the July 8, 2003 determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and his request for parole release has again been denied. Given petitioner's subsequent reappearance before the Board in February 2005, the instant matter must be dismissed as moot (see Matter of Baez v. Travis, 10 A.D.3d 778, 781 N.Y.S.2d 759 [2004], lv. denied 4 N.Y.3d 702, 790 N.Y.S.2d 648, 824 N.E.2d 49 [2004] ).

ORDERED that the appeal is dismissed, as moot, without costs.

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