Opinion
January 8, 1998
Appeal from the Supreme Court (Torraca, J.).
Petitioner, a prison inmate, commenced this proceeding challenging the denial of his application for participation in a temporary work release program. Supreme Court dismissed the petition, prompting this appeal. The Attorney-General has advised this Court that petitioner was paroled on November 3, 1997. Because petitioner is no longer incarcerated, his request for participation in the temporary work release program can no longer be affected by the determination of this appeal, rendering the appeal moot ( see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714; Matter of Chandler v. Coughlin, 126 A.D.2d 886; Matter of Miller v. Coughlin, 87 A.D.2d 728).
Cardona, P.J., Mercure, White, Yesawich Jr. and Spain, JJ., concur.
Ordered that the appeal is dismissed, as moot, without costs.