MATTER OF PHILLIPS v. TRAVIS

Appeal unanimously dismissed without costs.

Memorandum:

Petitioner appeals from a judgment that dismissed his petition seeking to vacate the determination of the Parole Board denying his request for parole release. The appeal must be dismissed as moot because the determination expired during the pendency of this appeal, and the Parole Board again denied petitioner's request for parole release ( see, Matter of Alicea v. New York State Div. of Parole, 265 A.D.2d 769; Matter of Brunner v. Speckard, 214 A.D.2d 1040, lv denied 86 N.Y.2d 707; Matter of Rentz v. Herbert, 206 A.D.2d 944, 944-945, lv denied 84 N.Y.2d 810).