IN RE: John Postall (2010)

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

IN RE: John Postall, appellant, v. George B. Alexander, etc., respondent.

2009-05578 (Index No. 338 /09)

Decided: June 15, 2010

FRED T. SANTUCCI, J.P. DANIEL D. ANGIOLILLO THOMAS A. DICKERSON LEONARD B. AUSTIN, JJ.

John Postall, Otisville, N.Y., appellant pro se. Andrew M. Cuomo, Attorney General, New York, N.Y. (Michael Belohlavek and Richard O. Jackson of counsel), for respondent.

Submitted-May 17, 2010

DECISION & ORDER

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Parole dated March 24, 2008, which, after a hearing, denied the petitioner's request to be released on parole, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Zambelli, J.), entered May 15, 2009, which denied the petition and dismissed the proceeding.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The appeal has been rendered academic by the petitioner's subsequent appearance before the Board of Parole, following which he was again denied release (see Matter of Moissett v. Travis, 97 N.Y.2d 673; Matter of Lee v. Russi, 211 A.D.2d 720).

SANTUCCI, J.P., ANGIOLILLO, DICKERSON and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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