Opinion
07-26-2024
In the Matter of Jonathan SPAETH, 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 (BEEZLY J. KIERNAN OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered September 14, 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 (BEEZLY J. KIERNAN OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, GREENWOOD, 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 Board of Parole (Board) denying his request for release to parole supervision following a hearing in April 2022. The Attorney General has advised this Court that, subsequent to that denial and during the pendency of this appeal, petitioner reappeared before the Board in April 2024 and was again denied release. Consequently, this appeal must be dismissed as moot (see Matter of Romano v. Annucci, 196 A.D.3d 1176, 1176, 147 N.Y.S.3d 916 [4th Dept. 2021]; Matter of Colon v. Annucci, 177 A.D.3d 1393, 1394, 110 N.Y.S.3d 621 [4th Dept. 2019]; see generally Matter of Moissett v. Travis, 97 N.Y.2d 673, 674, 738 N.Y.S.2d 285, 764 N.E.2d 388 [2001]). Contrary to petitioner’s contention, we conclude that this case does not fall within the exception to the mootness doctrine (see Romano, 196 A.D.3d at 1176, 147 N.Y.S.3d 916; Colon, 177 A.D.3d at 1394, 110 N.Y.S.3d 621; Matter of Brunner v. Speckard, 214 A.D.2d 1040, 1040-1041, 627 N.Y.S.2d 600 [4th Dept. 1995], lv denied 86 N.Y.2d 707, 634 N.Y.S.2d 441, 658 N.E.2d 219 [1995]; 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]).