Opinion
KAH 19-00945
02-20-2020
THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANDREW BROWN, PETITIONER-APPELLANT, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.
PRESENT:
Counsel for appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court, Livingston County, entered December 4, 2018, and having moved for permission to withdraw as assigned counsel on the appeal,
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 insofar as it seeks to vacate dismissal of the appeal is denied on the ground that the appeal is moot, and
It is further ORDERED that the motion is granted to the extent that the Livingston County Conflict Defender is relieved of the assignment.
Memorandum: "The appeal has been rendered moot by petitioner's release to parole supervision" (People ex rel. Moore v Stallone, 151 AD3d 1839, 1839 [4th Dept 2017]). Furthermore, "the exception to the mootness doctrine does not apply" (id.; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Additionally, "we . . . [would] not consider it appropriate on this record to . . . exercise our power under CPLR 103 (c) to convert this proceeding into a CPLR article 78 proceeding" (People ex rel. Johnson v O'Flynn, 141 AD3d 1107, 1108 [4th Dept 2016]). Petitioner took an appeal from a judgment denying his motion for leave to "reargue/reconsider," "which has no application to a judgment determining a special proceeding, and from which no appeal lies in any event" (People ex rel. Hinspeter v Artus, 159 AD3d 1539, 1540 [4th Dept 2018], lv dismissed 31 NY3d 1139 [2018]; see People ex rel. Hinton v Graham, 66 AD3d 1402, 1402-1403 [4th Dept 2009], lv dismissed 13 NY3d 934 [2010]).
Entered: February 20, 2020
Mark W. Bennett
Clerk of the Court