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MATTER OF GERENA v. NEW YORK STATE DIVISION OF PAROLE

281 A.D.2d 675 (2001)

721 N.Y.S.2d 569

In the Matter of CHARLES W. GERENA, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 1, 2001.

Petitioner commenced this CPLR article 78 proceeding challenging a November 1997 determination denying his request for parole release. Inasmuch as petitioner reappeared before the Board of Parole in November 1999 and was again denied release, Supreme Court properly dismissed the matter as moot (see, Matter of White v New York State Bd. Parole, 271 A.D.2d 777). Furthermore, we are unpersuaded by petitioner's assertion that this matter...

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