MATTER OF DAVILA v. TRAVIS

Inasmuch as petitioner, a prison inmate, has reappeared before the Board of Parole since the January 1998 parole release hearing that gave rise to this appeal and his request for release on parole 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.

Cardona, P.J., Crew III, Spain, Graffeo and Rose, JJ., concur.

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