MATTER OF PATTERSON v. BERBARY

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 challenging the determination of the Parole Board that denied his request for 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 ( see Matter of Phillips v. Travis, 289 A.D.2d 1035; Matter of Alicea v. New York State Div. of Parole, 265 A.D.2d 769).