Opinion
2012-12-21
In the Matter of Ruben VELEZ, Petitioner–Appellant, v. Andrea W. EVANS, Chairwoman, New York State Division of Parole, Respondent–Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Frank K. Walsh of Counsel), for Respondent–Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Frank K. Walsh of Counsel), for Respondent–Respondent.
MEMORANDUM:
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered June 17, 2011 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.
Inasmuch as petitioner has been released to parole supervision, his appeal from the judgment denying his CPLR article 78 petition seeking release to parole has been rendered moot ( see People ex rel. Baron v. New York State Dept. of Corrections, 94 A.D.3d 1410, 1410, 942 N.Y.S.2d 392,lv. denied 19 N.Y.3d 807, 950 N.Y.S.2d 106, 973 N.E.2d 204;People ex rel. Graham v. Fischer, 70 A.D.3d 1381, 1381–1382, 893 N.Y.S.2d 793;People ex rel. Mitchell v. Unger, 63 A.D.3d 1591, 1591, 879 N.Y.S.2d 761), and the exception to the mootness doctrine does not apply herein ( see Baron, 94 A.D.3d at 1410, 942 N.Y.S.2d 392;Graham, 70 A.D.3d at 1381–1382, 893 N.Y.S.2d 793;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).
*784It is hereby ORDERED that said appeal is unanimously dismissed without costs.