Opinion
November 16, 1995
Appeal from the Supreme Court, Albany County (Bradley, J.).
Petitioner, a prison inmate, challenges the denial of his request to participate in a temporary release program on due process grounds. However, inasmuch as petitioner reapplied for temporary release after issuance of the determination at issue and was given a new hearing at that time, we find that his appeal is now moot. Accordingly, it is dismissed.
Mercure, J.P., Crew III, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.