Opinion
June 11, 1998
Appeal from the Supreme Court (Bradley, J.).
While a prison inmate, petitioner commenced this proceeding challenging the March 1997 denial of his application for participation in a temporary release program. Inasmuch as petitioner was released on parole on February 19, 1998, his right to participate in the temporary release program can no longer be affected and this appeal is therefore moot ( see, Matter of Volin v. Goord, 246 A.D.2d 702; Matter of Chandler v. Coughlin, 126 A.D.2d 886). In any event, were we to consider those arguments that have been properly preserved for our review, we would find that respondent appropriately considered petitioner's previous convictions and prior temporary release violation in denying the application ( see, Matter of Roper v. Recore, 222 A.D.2d 911).
White, J. P., Yesawich Jr., Peters, Spain and Graffeo, JJ., concur.
Ordered that the appeal is dismissed, as moot, without costs.