Opinion
April 5, 2001.
Appeal from a judgment of the Supreme Court (Lamont, J.), entered May 19, 2000 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.
Louis Aviles, Altona, petitioner in person.
Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.
Before: Mercure, J.P., Crew III, Spain, Mugglin and Lahtinen, JJ.
MEMORANDUM AND ORDER
Inasmuch as petitioner reappeared before the Board of Parole following the February 1999 parole release hearing that gave rise to this appeal and his request for parole was again denied, the instant appeal is moot and must be dismissed (see, Matter of Keating v. New York State Div. of Parole, 252 A.D.2d 635). Petitioner has not raised an issue that this Court should review as an exception to the mootness doctrine (see, Matter of Diaz v. Travis, 273 A.D.2d 568, lv denied 95 N.Y.2d 764).
ORDERED that the appeal is dismissed, as moot, without costs.