Opinion
1068 CA 19–00008
11-15-2019
In the Matter of Jose COLON, Petitioner–Appellant, v. Anthony ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent–Respondent.
WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER–APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENT–RESPONDENT.
WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER–APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENT–RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging the denial of his application for release to parole supervision after a hearing in October 2017. The Attorney General has advised this Court that, subsequent to that denial, petitioner reappeared before the Board of Parole in October 2019 and was again denied release. Consequently, this appeal must be dismissed as moot (see Matter of Hill v. Annucci, 149 A.D.3d 1540, 1541, 51 N.Y.S.3d 450 [4th Dept. 2017] ; Matter of Sanchez v. Evans, 111 A.D.3d 1315, 1315, 974 N.Y.S.2d 832 [4th Dept. 2013] ). Contrary to petitioner's contention, this matter does not fall within the exception to the mootness doctrine (see Matter of Porter v. Annucci, 148 A.D.3d 1779, 1779, 49 N.Y.S.3d 333 [4th Dept. 2017] ; see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ).