Opinion
January 22, 1987
Appeal from the Supreme Court, Albany County (Connor, J.).
It is uncontested that on February 28, 1986, petitioner, then an inmate at Bedford Correctional Facility, was released on parole. This was prior to the rendering of a decision by Supreme Court on the instant matter, in which petitioner challenged the denial of her application to participate in a temporary release program on the ground that the temporary release committee which considered her application was illegally constituted by the inclusion therein of parole officers. Consequently, this matter became moot before judgment was granted, since the right of petitioner to participate in the temporary release program could no longer be affected once she was released from the custody of correctional authorities (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714; see also, Matter of Tremarco v. New York State Bd. of Parole, 58 N.Y.2d 968; Matter of Austin v. Ward, 56 A.D.2d 868). Petitioner's argument that this appeal should be entertained on the merits because of the public importance of the issue involved is unavailing. There has been no demonstration that the issue is likely to escape judicial review, a necessary factor for any exception to the mootness doctrine (Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715, supra).
Judgment reversed, on the law, without costs and petition dismissed as moot. Mahoney, P.J., Casey, Weiss, Mikoll and Levine, JJ., concur.