Opinion
CA 03-00574.
Decided June 14, 2004.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Ronald H. Tills, A.J.), entered January 17, 2003 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition seeking to annul respondent's determination denying petitioner parole release.
DANIEL JONES, PETITIONER-APPELLANT PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PATRICK BARNETT-MULLIGAN OF COUNSEL) FOR RESPONDENT-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his petition seeking to annul the Parole Board's determination denying him parole release. "This appeal must be dismissed as moot because the determination expired during the pendency of this appeal, and the Parole Board denied petitioner's subsequent request for parole release" ( Matter of Patterson v. Berbary, 1 A.D.3d 943, 943, appeal dismissed and lv denied ___ N.Y.3d ___ [Mar. 25, 2004]). In any event, Supreme Court properly dismissed the petition. Contrary to the contention of petitioner, the Parole Board properly considered his failure to participate in a sex offender treatment program and the seriousness of the offenses in making its determination ( see Matter of Silmon v. Travis, 95 N.Y.2d 470, 476-477; Matter of Bockeno v. New York State Parole Bd., 227 A.D.2d 751).