IN THE MATTER OF DANIELS v. GOORD

Petitioner commenced this CPLR article 78 proceeding challenging a December 2003 determination denying his request to participate in a temporary release program. Inasmuch as petitioner reapplied for the temporary release program and, in October 2005, again was denied participation, this appeal must be dismissed as moot ( see Matter of Fagairo v. Joy, 18 AD3d 926, 927, lv denied 5 NY3d 709; Matter of Wallman v. Joy, 301 AD2d 931).

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