Opinion
May 17, 1993
Appeal from the Supreme Court, Westchester County (West, J.).
Ordered that the appeals are dismissed as academic, without costs or disbursements.
Because the petitioner's maximum sentence exposure, even including added time for a violation of parole, has expired following his release and during the pendency of these appeals, these appeals are academic and should be dismissed (see, People ex rel. Brown v New York State Bd. of Parole, 139 A.D.2d 548, 550; Matter of Tremarco v New York State Bd. of Parole, 58 N.Y.2d 968; Matter of Woodard v New York State Bd. of Parole, 172 A.D.2d 890; People ex rel. Turnipseed v LeFevre, 54 A.D.2d 939). Contrary to the appellants' contentions, on the record before us we are not persuaded that this case presents substantial and novel issues that would typically evade review (cf., People ex rel. Brown v New York State Bd. of Parole, supra). The issues presented in this case are comparatively unique and fact-specific and have not been pleaded with clarity. Thus, a declaratory judgment is unwarranted. Miller, J.P., O'Brien, Copertino and Joy, JJ., concur.