Opinion
September 30, 1993
Appeal from the Supreme Court, Albany County (Keegan, J.).
Petitioner has admittedly appeared before the Parole Board since the determination at issue. This appeal is therefore moot (see, Matter of Alexander v Rodriguez, 182 A.D.2d 958; Matter of Alexander v New York State Bd. of Parole, 175 A.D.2d 526, 527, lv denied 78 N.Y.2d 863). Were we to reach the merits of the appeal, we would find that the Parole Board's determination that petitioner should be denied parole based upon the seriousness of the crimes, their violent nature and petitioner's criminal record, indicating escalating criminal conduct, is supported by the record and was made in accordance with the law (see, Matter of Confoy v New York State Div. of Parole, 173 A.D.2d 1014; Matter of McKee v New York State Bd. of Parole, 157 A.D.2d 944).
Yesawich Jr., J.P., Crew III, White, Mahoney and Casey, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.