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Crittleton v. Annucci

Supreme Court of New York
Jan 28, 2022
2022 N.Y. Slip Op. 541 (N.Y. Sup. Ct. 2022)

Opinion

24 CA 21-00334

01-28-2022

IN THE MATTER OF GESHAWN CRITTLETON, 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 (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.


WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER-APPELLANT.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.

PRESENT: WHALEN, P.J., NEMOYER, CURRAN, WINSLOW, AND BANNISTER, JJ.

Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered February 23, 2021 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his petition pursuant to CPLR article 78 seeking to annul the determination of the Board of Parole denying his request for release to parole supervision. The Attorney General has advised this Court that, subsequent to that denial, petitioner reappeared before the Board of Parole in December 2021, at which time he was given an "open date" for release. Consequently, this appeal must be dismissed as moot (see Matter of Brisbane v Annucci, 159 A.D.3d 1579, 1580 [4th Dept 2018]; Matter of Hill v Annucci, 149 A.D.3d 1540, 1541 [4th Dept 2017]). Contrary to petitioner's contention, the exception to the mootness doctrine does not apply (see Hill, 149 A.D.3d at 1541; see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715 [1980]).


Summaries of

Crittleton v. Annucci

Supreme Court of New York
Jan 28, 2022
2022 N.Y. Slip Op. 541 (N.Y. Sup. Ct. 2022)
Case details for

Crittleton v. Annucci

Case Details

Full title:IN THE MATTER OF GESHAWN CRITTLETON, PETITIONER-APPELLANT, v. ANTHONY…

Court:Supreme Court of New York

Date published: Jan 28, 2022

Citations

2022 N.Y. Slip Op. 541 (N.Y. Sup. Ct. 2022)