Opinion
October 15, 1998
Appeal from the Supreme Court (Donohue, J.).
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging the August 1996 denial of his application for parole release. The Attorney-General has advised this Court by letter that petitioner has since reappeared before the State Board of Parole on August 18, 1998 and was again denied parole release. Consequently, the instant appeal is moot and must be dismissed ( see, Matter of Almeyda v. New York State Div. of Parole, 251 A.D.2d 739; Matter of Herrera v. New York State Bd. of Parole, 246 A.D.2d 703).
White, J. P., Yesawich Jr., Peters, Carpinello and Graffeo, JJ., concur.
Ordered that the appeal is dismissed, as moot, without costs.