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173 A.D.2d 1078

Wright v. Rodriguez

Appellate Division of the Supreme Court of the State of New York · decided 1991-05-16

Decided 1991-05-16

¶1Appeal from a judgment of the Supreme Court (Cobb, J.), entered May 14, 1990 in Greene County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the State Division of Parole denying petitioner’s request for parole.

¶2Petitioner commenced this proceeding to review a determination of the State Division of Parole denying his request for parole. However, in view of petitioner’s release in April 1990, the matter has been rendered moot (see, Matter of Smith v Newberry, 154 AD2d 941, lv denied 75 NY2d 705). Furthermore, insofar as it does not raise an issue likely to escape judicial review, it presents no exception to the mootness doctrine (see, supra).

¶3Appeal dismissed, as moot, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

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