Opinion
2013-10-4
In the Matter of Jamar MARTIN, Petitioner–Appellant, v. Andrea W. EVANS, Chairwoman, New York State Department of Corrections and Community Supervision, Respondent–Respondent.
Appeal from an amended judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered June 4, 2012 in a proceeding pursuant to CPLR article 78. The amended judgment denied the petition. Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah Rene Nowotarski of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Andrew B. Ayers of Counsel), for Respondent–Respondent.
Appeal from an amended judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered June 4, 2012 in a proceeding pursuant to CPLR article 78. The amended judgment denied the petition.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah Rene Nowotarski of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Andrew B. Ayers of Counsel), for Respondent–Respondent.
MEMORANDUM:
Inasmuch as petitioner's attorney has advised this Court that petitioner has been conditionally released to parole supervision, petitioner's appeal from the amended judgment denying his CPLR article 78 petition seeking release to parole has been rendered moot ( see Matter of Velez v. Evans, 101 A.D.3d 1642, 1642, 955 N.Y.S.2d 783;see also 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). 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).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.