Opinion
849 CA 22-01686
11-17-2023
In the Matter of Efrain LOPEZ-CONTRERAS, 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 (MICHAEL J. MANUSIA OF COUNSEL), FOR PETITIONER-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.
WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (MICHAEL J. MANUSIA OF COUNSEL), FOR PETITIONER-APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: WHALEN, P.J., LINDLEY, MONTOUR, GREENWOOD, AND NOWAK, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his CPLR article 78 petition seeking to annul the determination of the Board of Parole denying his request for release to parole supervision. Petitioner has since been released to parole supervision, thus rendering the appeal moot (see Matter of DeJesus v. Evans , 111 A.D.3d 1340, 1340, 974 N.Y.S.2d 825 [4th Dept. 2013] ; Matter of Velez v. Evans , 101 A.D.3d 1642, 1642, 955 N.Y.S.2d 783 [4th Dept. 2012] ). Contrary to petitioner's contention, the exception to the mootness doctrine does not apply herein (see DeJesus , 111 A.D.3d at 1340, 974 N.Y.S.2d 825 ; 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] ).