Opinion
03-31-2017
In the Matter of Kiambu PORTER, 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 (Adam W. Koch of Counsel), for petitioner-appellant. Eric T. Schneiderman, Attorney General, Albany (Frank Brady 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 Brady of Counsel), for respondent-respondent.
MEMORANDUM:
Petitioner appeals from a judgment dismissing his petition seeking to annul the Parole Board's determination denying him parole release. We conclude that "[t]his 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 Matter of Sanchez v. Evans, 111 A.D.3d 1315, 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.
WHALEN, P.J., SMITH, CARNI, LINDLEY, and NEMOYER, JJ., concur.