Opinion
2003-02832.
Decided April 5, 2004.
In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Kings County (Tomei, J.) entered March 24, 2003, which granted the petition to the extent of vacating a certain parole warrant and restoring the relator to parole under the original conditions.
Eliot Spitzer, Attorney-General, New York, N.Y. (Marion R. Buchbinder and David Axinn of counsel), for appellant New York State Division of Parole.
Lynn W.L. Fahey, New York, N.Y. (Tigran W. Eldred of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, NANCY E. SMITH, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
The Supreme Court sustained the writ of habeas corpus based on its finding that a hearing officer improperly determined that the relator waived his right to be present at a preliminary parole revocation hearing. During the pendency of this appeal, the relator submitted to a final parole revocation hearing, at the conclusion of which the parole violation warrant was lifted. The present appeal is therefore academic ( see People ex rel. Benton v. Farsi, 1 A.D.3d 126; People ex rel. Alexander v. Walsh, 303 A.D.2d 1015; People ex rel. Freeman v. McCoy, 277 A.D.2d 1054; People ex rel. McIver v. Murray, 275 A.D.2d 1009; People ex rel. McCummings v. DeAngelo 259 A.D.2d 794; People ex rel. Calvin J. v. Bednosky, 245 A.D.2d 324; Matter of Collins v. Rodriguez, 138 A.D.2d 809).
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.