PEOPLE v. WALSH

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

Memorandum:

The issues raised on this appeal concerning petitioner's preliminary parole revocation hearing were rendered moot by the determination following the final parole revocation hearing, at which petitioner admitted that he violated a condition of his parole (see People ex rel. Freeman v. McCoy, 277 A.D.2d 1054, lv denied 96 N.Y.2d 704). In any event, the record establishes that petitioner was released to parole supervision during the pendency of this appeal. Because habeas corpus relief therefore is no longer available, the appeal is moot for that further reason as well, and no exception to the mootness doctrine applies herein (see People ex rel. Cooper v. New York State Div. of Parole, 286 A.D.2d 792; People ex rel. Faison v. Travis, 277 A.D.2d 916, lv denied 96 N.Y.2d 705).