Anthony Russo, Comstock, appellant pro se.Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 9, 2011 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying his request for parole release.
Petitioner commenced this CPLR article 78 proceeding challenging a September 2009 determination of the Board of Parole denying his request for parole release. Petitioner, however, has reappeared before the Board and the appeal is now moot ( see Matter of Davidson v. Alexander, 67 A.D.3d 1219, 1219, 888 N.Y.S.2d 449 [2009]; Matter of Bermudez v. New York State Div. of Parole, 281 A.D.2d 673, 720 N.Y.S.2d 856 [2001] ). Accordingly, it must be dismissed.
ORDERED that the appeal is dismissed, as moot, without costs.
ROSE, J.P., KAVANAGH, STEIN, McCARTHY and EGAN JR., JJ., concur.