Matter of Herrera v. New York State Bd., P

Full title: In the Matter of ANGEL HERRERA, Appellant, v. NEW YORK STATE BOARD OF…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 8, 1998

246 A.D.2d 703 (N.Y. App. Div. 1998)

666 N.Y.S.2d 523

Opinion

January 8, 1998

Appeal from the Supreme Court (Torraca, J.).

Inasmuch as petitioner, a prison inmate, has reappeared before respondent since the June 1995 parole release hearing that gave rise to this appeal and his request for release on parole again has been denied, the instant appeal is moot and must be dismissed ( see, Matter of Bey v. Russi, 232 A.D.2d 686; Matter of Weir v. New York State Div. of Parole, 205 A.D.2d 906). 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 lacking in merit.

Cardona, P.J., Mercure, Crew III, Peters and Carpinello, JJ., concur.

Ordered that the appeal is dismissed, as moot, without costs.