Opinion
July 2, 1998
Appeal from a judgment of the Supreme Court, Sheridan, J.
Petitioner, a prison inmate, has reappeared before the State Board of Parole since the parole release hearing giving rise to this appeal and his request for parole release has again been denied. In view of petitioner's reappearance before the Board, the instant appeal is now moot and must be dismissed ( see, Matter of Herrera v. New York State Bd. of Parole, 246 A.D.2d 703; Matter of Smith v. Donohue, 243 A.D.2d 797). Nevertheless, were we to consider the merits of the petition, we would find that the Board's April 1997 determination was neither arbitrary nor capricious and is supported by substantial evidence in the record.
Mikoll, J. P., Mercure, White, Spain and Graffeo, JJ., concur.
Ordered that the appeal is dismissed, as moot, without costs.