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MATTER OF BRUNNER v. SPECKARD
Appellate Division of the Supreme Court of New York, Fourth Department.
Apr 28, 1995
Appeal unanimously dismissed without costs. Memorandum: This appeal from a judgment that denied petitioner's challenge to a determination of the Parole Board to deny parole release is moot. The determination expired during the pendency of this appeal, and a subsequent determination to deny parole release was made (see, Matter of Chenier v Richard W., 82 N.Y.2d 830, 832). This appeal does not present a novel issue that is likely to recur and will typically evade review (see, Matter of Chenier v Richard W., supra; Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715).
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