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In the Matter of DEREK PERKINS, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

Petitioner commenced this CPLR article 78 proceeding challenging an October 2008 decision of the Board of Parole denying his request for parole release. The Attorney General has advised this Court that petitioner reappeared before the Board in October 2010 at which time his request for parole release was again denied. In view of this, the appeal is now moot and must be dismissed ( see Matter of Borcsok v New York State Bd. of Parole, 76 AD3d 1167; Matter of Perez v Alexander, 69 AD3d 1195, 1196).

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

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IN RE PERKINS v. N.Y. STATE DIVIS OF PAROLE
(Jan 20, 2011)