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IN THE MATTER OF CRUZ DIAZ, Appellant, v. BRION D. TRAVIS, AS CHAIRMAN OF THE NEW YORK STATE DIVISION OF PAROLE, Respondent.

MEMORANDUM AND ORDER

Inasmuch as petitioner, a prison inmate, reappeared before the Board of Parole following the January 1998 parole release hearing that gave rise to this appeal and his request for release was again denied, the instant appeal is moot and must be dismissed (see, Matter of Keating v. New York State Div. of Parole, 252 A.D.2d 635). Petitioner's assertion that this matter presents an exception to the mootness doctrine (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715) has been examined and found to be unpersuasive.

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

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IN THE MATTER OF DIAZ v. TRAVIS
(Jun 15, 2000)