Opinion
2021-68947 Motion KAH 20-00573
07-13-2021
THE PEOPLE OF THE STATE OF NEW YORK EX REL. JUAN A. RODRIGUEZ, PETITIONER-APPELLANT, v. SUPERINTENDENT MCCARTHY, AUBURN CORRECTIONAL FACILITY, RESPONDENT. Index No. 2019-1098
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant's assigned counsel, Ryan J. Muldoon, Esq., having moved to dismiss the appeal taken herein from a judgment (denominated order) of the Supreme Court, Cayuga County, entered February 11, 2020, on the ground that the appeal is moot, inasmuch as appellant has been released from custody, and having moved to be relieved from his assignment, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is denied insofar as it seeks to dismiss the appeal, and
It is further ORDERED that the motion is granted insofar as it seeks for Ryan J. Muldoon, Esq., to be relieved from his assignment, and Todd Monahan, Esq., P.O. Box 838, 25 W. Main Street, Little Falls, New York 13365, is hereby substituted as counsel to conduct the above-entitled appeal, in place and stead of Ryan J. Muldoon, Esq., and
It is further ORDERED that, upon the Court's own motion, the dismissal of the appeal is vacated, the appeal shall be perfected on or before October 5, 2021, and, in the event of failure to so perfect, the appeal shall be dismissed without further order, and
It is further ORDERED that the appeal may be prosecuted upon one hard copy of the complete record and an original and five hard copies and one digital copy of appellant's brief, pursuant to 22 NYCRR 1250.9 (a) (4), and
It is further ORDERED that the Cayuga County Clerk provide
Todd Monahan, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based.
Memorandum: Issues exist as to whether "the appeal falls within the traditional exception to the mootness doctrine" and whether Supreme Court's order entered February 11, 2020, was properly made (People ex rel. Johnson v Superintendent, Adirondack Corr. Facility, 36 N.Y.3d 187, 195-196 [2020]; see People ex rel. Negron v Superintendent, Woodbourne Corr. Facility, 36 N.Y.3d 32 [2020]).