Opinion
2014-07-3
In the Matter of Gerald BROCKINGTON, Petitioner–Appellant, v. Brian FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered January 23, 2013 in a CPLR article 78 proceeding. The judgment denied the petition. Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Zainab A. Chaudhry of Counsel), for Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered January 23, 2013 in a CPLR article 78 proceeding. The judgment denied the petition.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Zainab A. Chaudhry of Counsel), for Respondent–Respondent.
MEMORANDUM:
Petitioner commenced this CPLR article 78 proceeding challenging the denial of his application for release to parole supervision in June 2011. The Attorney General has advised this Court that, subsequent to that denial and during the pendency of this appeal, petitioner reappeared before the Board of Parole in June 2013 and was again denied release. Consequently, this appeal must be dismissed as moot ( see Matter of Sanchez v. Evans, 111 A.D.3d 1315, 1315, 974 N.Y.S.2d 832;Matter of Robles v. Evans, 100 A.D.3d 1455, 1455, 953 N.Y.S.2d 534). Contrary to petitioner's contention, the exception to the mootness doctrine does not apply ( see Sanchez, 111 A.D.3d at 1315, 974 N.Y.S.2d 832;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. FAHEY, J.P., PERADOTTO, LINDLEY, SCONIERS, and DeJOSEPH, JJ., concur.