Opinion
July 15, 1994
Appeal from the Supreme Court, Livingston County, Houston, J.
Present — Green, J.P., Balio, Fallon, Callahan and Davis, JJ.
Appeal unanimously dismissed. Memorandum: This appeal has been rendered moot by petitioner's release on parole (see, Matter of Wright v. Rodriguez, 173 A.D.2d 1078; see also, People ex rel. Guggenheim v. Mucci, 31 N.Y.2d 957; Matter of Smith v. Newberry, 154 A.D.2d 941, lv denied 75 N.Y.2d 705). Because this proceeding does not raise an issue likely to escape judicial review, it presents no exception to the mootness doctrine (see, Matter of Wright v. Rodriguez, supra; Matter of Smith v. Newberry, supra).