PEOPLE CICCARELLI v. SAXTON (2005)

 This appeal by petitioner from a judgment dismissing his petition for a writ of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Faison v. Travis, 277 A.D.2d 916, 715 N.Y.S.2d 672, lv. denied 96 N.Y.2d 705, 725 N.Y.S.2d 277, 748 N.E.2d 1073;  People ex rel. Campbell v. Filion, 255 A.D.2d 915, 679 N.Y.S.2d 917).   Contrary to petitioner's contention, no purpose would be served by converting this proceeding to one brought pursuant to CPLR article 78 (cf. People ex rel. Brown v. New York State Div. of Parole, 70 N.Y.2d 391, 398, 521 N.Y.S.2d 657, 516 N.E.2d 194).   Petitioner's challenges to the procedures employed at the preliminary parole revocation proceeding were rendered moot by the final parole revocation determination (see People ex rel. McCummings v. De Angelo, 259 A.D.2d 794, 686 N.Y.S.2d 189, lv. denied 93 N.Y.2d 810, 694 N.Y.S.2d 632, 716 N.E.2d 697;  Matter of Westcott v. New York State Bd. of Parole, 256 A.D.2d 1179, 1180, 682 N.Y.S.2d 499), and petitioner failed to exhaust his administrative remedies with respect to that determination, thus foreclosing judicial review thereof (see Faison, 277 A.D.2d 916, 715 N.Y.S.2d 672).

It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.

MEMORANDUM: