Opinion
February 24, 1983
Appeal by permission from an order of the Supreme Court at Special Term (Kahn, J.), entered August 4, 1982 in Albany County, which, inter alia, in a proceeding pursuant to CPLR article 78, referred to Trial Term the issue of whether petitioner's parole release hearing was conducted by at least two members of the Board of Parole ( 9 NYCRR 8002.2). Petitioner was released from confinement in December, 1982. Therefore, the issue presented on this appeal is moot. ( Matter of Hamm v. Regan, 34 N.Y.2d 992; Matter of Rodriguez v. Hongisto, 78 A.D.2d 921), and since it does not present a recurring, substantial issue which otherwise would escape appellate review, the appeal should be dismissed ( Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715; People ex rel. Rodriguez v. LeFevre, 84 A.D.2d 661). Appeal dismissed, as moot, without costs. Kane, J.P., Mikoll, Yesawich, Jr., Weiss and Levine, JJ., concur.