Majority
p. 1040In the Matter of Frederick Brunner, Appellant, v Hubert Speckard, as Superintendent of Groveland Correctional Facility, et al., Respondents. [627 NYS2d 600]
Appeal unanimously dismissed without costs. Memorandum: This appeal from a judgment that denied petitioner’s challenge to a determination of the Parole Board to deny parole release is moot. The determination expired during the pendency of this appeal, and a subsequent determination to deny parole release was made (see, Matter of Chenier v Richard W., 82 NY2d 830 , 832). This appeal does not present a novel issue that is likely
p. 1041
to recur and will typically evade review (see, Matter of Chenier v Richard W., supra; Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714-715). (Appeal from Judgment of Supreme Court, Erie County, Gorski, J.—CPLR art 78.) Present—Green, J. P., Law-ton, Wesley, Doerr and Davis, JJ.
Cases cited
- Chenier v. Richard W. 82 NY2d 830 at 832 p. 1040
- Hearst Corp. v. Clyne 50 NY2d 707 at 714-715 p. 1041