Opinion
June 4, 1998
Petitioner, an inmate serving a prison sentence of 15 years to life for murder in the second degree after beating, burning, abusing and causing the death of his infant son, challenges a determination denying his request for parole. Initially, we note that because no issue of substantial evidence is present in this proceeding ( see, CPLR 7803), Supreme Court improperly transferred the matter to this Court for review ( see, Matter of Vasquez v. New York State Div. of Parole, 215 A.D.2d 856). Furthermore, as the Attorney-General has advised this Court that petitioner has since reappeared before the State Board of Parole on April 15, 1998 and was denied parole release, this proceeding is moot and the petition should therefore be dismissed ( see, Matter of Herrera v. New York State Bd. of Parole, 246 A.D.2d 703; Matter of Bey v. Russi, 232 A.D.2d 686).
Mikoll, J. P., Mercure, Spain, Carpinello and Graffeo, JJ., concur.
Adjudged that the petition is dismissed, as moot, without costs.