Opinion
April 30, 1998
Appeal from the Supreme Court (Torraca, J.).
Petitioner, a prison inmate, has reappeared before the State Board of Parole since the parole release hearing which gave rise to this appeal and his request for release on parole has again been denied. Consequently, the instant appeal is now moot and must be dismissed ( see, Matter of Bey v. Russi, 232 A.D.2d 686; Matter of Weir v. New York State Div. of Parole, 205 A.D.2d 906). Nevertheless, were we to consider the merits of this petition, we would find that the determination denying petitioner release on parole resulting from the prior hearing is neither arbitrary nor capricious and it is supported by substantial evidence in the record.
Mercure, J.P., Crew III, Yesawich Jr., Spain and Graffeo, JJ., concur.
Adjudged that the appeal is dismissed, as moot, without costs.