Opinion
October 24, 1991
Appeal from the Supreme Court, Bronx County (Burton Hecht, J.).
Relator's attorney advises this court that relator cannot be located. Further, it appears that the Department of Probation has obtained, or will obtain, a new parole violation warrant against the relator. Under these circumstances, relator's appeal of the order and judgment denying his petition must be dismissed, as relator is no longer subject to the mandate of the court. (People v. Sullivan, 28 N.Y.2d 900.) If we were not dismissing the appeal on this ground, we would dismiss on the ground that the appeal is moot, since relator is no longer in the custody of the State. (People ex rel. Hall v. Casscles, 38 N.Y.2d 1006. )
Concur — Sullivan, J.P., Milonas, Kupferman, Kassal and Smith, JJ.