People ex rel. Frett v. Warden of Rikers Island Correctional Facility

25 A.D.3d 472, 807 N.Y.S.2d 295

Opinion

Appeal from order, Supreme Court, Bronx County (Caesar Cirigliano, J.), entered January 24, 2005, which denied petitioner’s application for a writ of habeas corpus and dismissed the petition, unanimously dismissed as moot, without costs.

The appeal claiming procedural errors regarding a preliminary parole revocation hearing was rendered moot by the final hearing determination (People ex rel. Benton v Farsi, 1 AD3d 126 [2003]). Were we to consider petitioner’s claims, we would find them waived (see Matter of White v New York State Div. of Parole, 60 NY2d 920, 922 [1983]; cf. People ex rel. Melendez v Warden of Rikers Is. Correctional Facility, 214 AD2d 301, 302 [1995]), in any event, without merit (see People ex rel. Lee v La Paglia, 249 AD2d 601, 602 [1998], lv denied 92 NY2d 807 [1998]), and, as regards his claim that he is entitled to parole time credit, not ripe for review (see e.g. Matter of Cold Spring Harbor Area Civic Assn. v Suffolk County Dept. of Health Servs., 305 AD2d 499, 500-501 [2003]). Concur—Buckley, P.J., Tom, Sullivan, Nardelli and McGuire, JJ.