JHANG v. TRAVIS

Petitioner has reappeared before the Board of Parole since the parole release determination giving rise to this proceeding and his request for parole release has again been denied. Given petitioner's subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see, Matter of Atkins v. New York State Bd. of Parole, 273 A.D.2d 656). Furthermore, we are unpersuaded by petitioner's assertion that this matter presents an exception to the mootness doctrine (see, Matter of Diaz v. Travis, 273 A.D.2d 568, lv denied 95 N.Y.2d 764).

Mercure, J.P., Crew III, Spain, Carpinello and Rose, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.