Opinion
07-03-2024
In the Matter of Marcelino LOPEZ, 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.
Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered May 4, 2023, in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
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., CURRAN, GREENWOOD, NOWAK, AND KEANE, 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 Parole Board that denied his request for release to parole supervision. The Attorney General has advised this Court that, following that denial and during the pendency of this appeal, petitioner reappeared before the Parole Board in April 2024, and was subsequently denied parole. 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]). Contrary to petitioner’s contention, the exception to the mootness doctrine does not apply (see Matte r of Lopez-Contreras v. Annucci, 221 A.D.3d 1580, 1580, 198 N.Y.S.3d 470 [4th Dept. 2023]; 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]).