Opinion
September 26, 2002.
Appeal from a judgment of the Supreme Court (Teresi, J.), entered December 12, 2001 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's request for merit time allowance.
Following his conviction of attempted robbery in the first degree, petitioner was released on parole and, during that time, committed the crime of criminal possession of a weapon in the third degree. Upon his reincarceration, petitioner's request for merit time allowance was denied on the basis that he was under parole supervision for a violent felony offense at the time he committed the subsequent nonviolent felony. He commenced this CPLR article 78 proceeding challenging the denial and Supreme Court dismissed the petition, resulting in this appeal.
"The effect of a merit time allowance would be to accelerate petitioner's original parole hearing date * * *" (Matter of McKeown v. Goord, 284 A.D.2d 622). Therefore, his subsequent appearance before the Parole Board renders this appeal moot (see id.).
Cardona, P.J., Mercure, Peters and Kane, JJ., concur.
Ordered that the appeal is dismissed, as moot, without costs.