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IN THE MATTER OF JOHN B. RIVERA, Appellant, v. BRION TRAVIS, as Chair of the New York State Board of Parole, Respondent.

MEMORANDUM AND ORDER

Since the April 2002 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 April 2004, the instant matter is now moot and must be dismissed (see Matter of Karo v. Travis, 4 A.D.3d 589).

Peters, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.

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

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IN THE MATTER OF RIVERA v. TRAVIS
(Jun 3, 2004)