Opinion
Decided and Entered: June 15, 2000
Appeal from a judgment of the Supreme Court (Teresi, J.), entered September 10, 1999 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 petitioner's request for parole release.
Cruz Diaz, Wallkill, appellant in person.
Before: Cardona, P.J., Crew III, Carpinello, Mugglin and Rose, JJ.
MEMORANDUM AND ORDER
Inasmuch as petitioner, a prison inmate, reappeared before the Board of Parole following the January 1998 parole release hearing that gave rise to this appeal and his request for release was again denied, the instant appeal is moot and must be dismissed (see, Matter of Keating v. New York State Div. of Parole, 252 A.D.2d 635). Petitioner's assertion that this matter presents an exception to the mootness doctrine (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715) has been examined and found to be unpersuasive.
ORDERED that the appeal is dismissed, as moot, without costs.