Opinion
April 28, 1995
Appeal from the Supreme Court, Erie County, Gorski, J.
Present — Green, J.P., Lawton, Wesley, Doerr and Davis, JJ.
Appeal unanimously dismissed without costs. Memorandum: This appeal from a judgment that denied petitioner's challenge to a determination of the Parole Board to deny parole release is moot. The determination expired during the pendency of this appeal, and a subsequent determination to deny parole release was made (see, Matter of Chenier v Richard W., 82 N.Y.2d 830, 832). This appeal does not present a novel issue that is likely to recur and will typically evade review (see, Matter of Chenier v Richard W., supra; Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715).