IN THE MATTER OF JONES v. NY ST. DIV. PAROLE

It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his petition seeking to annul the Parole Board's determination denying him parole release. "This appeal must be dismissed as moot because the determination expired during the pendency of this appeal, and the Parole Board denied petitioner's subsequent request for parole release" ( Matter of Patterson v. Berbary, 1 A.D.3d 943, 943, appeal dismissed and lv denied ___ N.Y.3d ___ [Mar. 25, 2004]). In any event, Supreme Court properly dismissed the petition. Contrary to the contention of petitioner, the Parole Board properly considered his failure to participate in a sex offender treatment program and the seriousness of the offenses in making its determination ( see Matter of Silmon v. Travis, 95 N.Y.2d 470, 476-477; Matter of Bockeno v. New York State Parole Bd., 227 A.D.2d 751).