Opinion
2013-11-8
In the Matter of Pablo DeJESUS, Petitioner–Appellant, v. Andrea W. EVANS, Chairwoman, New York State Department of Corrections and Community Supervision, Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered May 23, 2012 in a CPLR article 78 proceeding. The judgment denied the petition. Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for Petitioner–Appellant. *826Eric T. Schneiderman, Attorney General, Albany (Jonathan D. Hitsous of Counsel), for Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered May 23, 2012 in a CPLR article 78 proceeding. The judgment denied the petition.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for Petitioner–Appellant. *826Eric T. Schneiderman, Attorney General, Albany (Jonathan D. Hitsous of Counsel), for Respondent–Respondent.
MEMORANDUM:
Inasmuch as petitioner has been released to parole supervision, his appeal from the judgment denying his CPLR article 78 petition seeking release to parole has been rendered moot ( see People ex rel. Baron v. New York State Dept. of Corrections, 94 A.D.3d 1410, 1410, 942 N.Y.S.2d 392,lv. denied19 N.Y.3d 807, 2012 WL 2401232;People ex rel. Graham v. Fischer, 70 A.D.3d 1381, 1381–1382, 893 N.Y.S.2d 793;People ex rel. Mitchell v. Unger, 63 A.D.3d 1591, 1591, 879 N.Y.S.2d 761), and the exception to the mootness doctrine does not apply herein ( see Baron, 94 A.D.3d at 1410, 942 N.Y.S.2d 392;Graham, 70 A.D.3d at 1381–1382, 893 N.Y.S.2d 793;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).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.