People ex rel. Griffin v. New York State Division of Parole

— In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Kings County (Tomei, J.) entered March 24, 2003, which granted the petition to the extent of vacating a certain parole warrant and restoring the relator to parole under the original conditions.

Ordered that the appeal is dismissed, without costs or disbursements.

The Supreme Court sustained the writ of habeas corpus based on its finding that a hearing officer improperly determined that the relator waived his right to be present at a preliminary parole revocation hearing. During the pendency of this appeal, the…