Opinion
April 9, 1992
Appeal from the Supreme Court, Albany County (Hughes, J.).
We are of the view that the hearing to reconsider petitioner's parole, scheduled for February 1992 by the determination under review in this CPLR article 78 proceeding, renders this appeal, which was argued in February 1992, moot (see, Matter of Alexander v New York State Bd. of Parole, 175 A.D.2d 526, lv denied 78 N.Y.2d 863). None of the issues raised by petitioner are of such a nature that they should be excepted from the mootness doctrine (cf., Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715). In particular, we note that this court recognized in Matter of Confoy v New York State Div. of Parole ( 173 A.D.2d 1014) that the Board of Parole's consideration of an inmate's criminal history and the seriousness of the offense on which he was incarcerated in denying parole release under Correction Law § 805 was "in accordance with the law".
Weiss, P.J., Levine, Mercure and Mahoney, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.