Opinion
11-21-2014
In the Matter of Thomas MANN, Petitioner–Appellant, v. Brian FISCHER, 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. Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of Counsel), for Respondent–Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for Petitioner–Appellant.
Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of Counsel), for Respondent–Respondent.
Opinion
MEMORANDUM:Petitioner appeals from a judgment dismissing his petition seeking to annul the Parole Board's determination denying him parole release. “This appeal must be dismissed as moot because the determination expired during the pendency of this appeal, and the Parole Board denied petitioner's subsequent request for parole release” (Matter of Patterson v. Berbary, 1 A.D.3d 943, 943, 767 N.Y.S.2d 759, appeal dismissed and lv. denied 2 N.Y.3d 731, 778 N.Y.S.2d 452, 810 N.E.2d 904 ; see 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 here (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 ; Matter of Sanchez v. Evans, 111 A.D.3d 1315, 1315, 974 N.Y.S.2d 832 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
SCUDDER, P.J., FAHEY, CARNI, LINDLEY, and VALENTINO, JJ., concur.