Petitioner commenced this CPLR article 78 proceeding to challenge the denial of his application for parole release. The Attorney-General has advised this Court that the determination at issue has been annulled and a new Parole Board appearance has been scheduled. This proceeding is therefore dismissed as moot ( see, e.g., Matter of Martin v. Henderson, 159 A.D.2d 867; see generally, Matter of Hough v. New York State Bd. of Parole, 235 A.D.2d 862, lv dismissed 90 N.Y.2d 884).
Mikoll, J. P., Mercure, Spain, Carpinello and Graffeo, JJ., concur.
Adjudged that the petition is dismissed, as moot, without costs.