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Jarvis v. Annucci

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 16, 2018
166 A.D.3d 1591 (N.Y. App. Div. 2018)

Opinion

1226 CA 17–01584

11-16-2018

In the Matter of Kharye JARVIS, 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. BARBARA D. UNDERWOOD, ATTORNEY GENERAL, ALBANY (WILLIAM E. STORRS OF COUNSEL), FOR RESPONDENT–RESPONDENT.


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

BARBARA D. UNDERWOOD, ATTORNEY GENERAL, ALBANY (WILLIAM E. STORRS OF COUNSEL), FOR RESPONDENT–RESPONDENT.

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND NEMOYER, JJ.

MEMORANDUM AND ORDER

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 denying him parole release. Petitioner has since been released to parole supervision, thus rendering the appeal moot (see Matter of Velez v. Evans, 101 A.D.3d 1642, 1642, 955 N.Y.S.2d 783 [4th Dept. 2012] ), and the exception to the mootness doctrine does not apply herein (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] ).


Summaries of

Jarvis v. Annucci

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 16, 2018
166 A.D.3d 1591 (N.Y. App. Div. 2018)
Case details for

Jarvis v. Annucci

Case Details

Full title:In the Matter of Kharye JARVIS, Petitioner–Appellant, v. Anthony ANNUCCI…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Nov 16, 2018

Citations

166 A.D.3d 1591 (N.Y. App. Div. 2018)
85 N.Y.S.3d 916