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PEOPLE EX REL. GRIFFIN v. N.Y.S. DIV., P

Appellate Division of the Supreme Court of New York, Second Department.
Apr 5, 2004
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.