Opinion
May 20, 1993
Appeal from the Supreme Court, Chemung County (Ellison, J.).
Petitioner has reappeared before respondent for a parole release hearing since the February 11, 1992 hearing giving rise to this appeal and has been given an "open date" for release in August 1993. This appeal must therefore be dismissed as moot (see, Matter of Alexander v New York State Bd. of Parole, 175 A.D.2d 526, lv denied 78 N.Y.2d 863).
Weiss, P.J., Levine, Crew III, Casey and Harvey, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.