In the Matter of Anthony Russo v. N.Y. State Div. of Parole

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.