Opinion
530709
12-10-2020
In the Matter of James SMITH, Appellant, v. COMMISSIONER OF NEW YORK STATE BOARD OF PAROLE, Respondent.
James Smith, Collins, appellant pro se. Letitia James, Attorney General, Albany (Beezly Kiernan of counsel), for respondent.
James Smith, Collins, appellant pro se.
Letitia James, Attorney General, Albany (Beezly Kiernan of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Pritzker, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Collins, J.), entered December 16, 2019 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.
Petitioner commenced this CPLR article 78 proceeding challenging a September 2018 determination of the Board of Parole denying his third request for parole release. Supreme Court dismissed the petition and this appeal ensued. The Attorney General has advised this Court that, during the pendency of this appeal, petitioner reappeared before the Board and was denied parole. In view of this, the appeal is now moot and, contrary to petitioner's contention, we find that the exception to the mootness doctrine is inapplicable (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] ). As such, the appeal must be dismissed (see Matter of Cruz v. Division of Parole, N.Y. State Dept. of Corr. & Community Supervision , 185 A.D.3d 1369, 1369, 126 N.Y.S.3d 426 [2020] ; Matter of Burr v. New York State Dept. of Corr. & Community Supervision, Bd. of Parole , 185 A.D.3d 1361, 1361, 126 N.Y.S.3d 431 [2020], lv dismissed and denied ––– N.Y.3d ––––, 2020 WL 6877869 [Nov. 24, 2020] ).
ORDERED that the appeal is dismissed, as moot, without costs.
Egan Jr., J.P., Clark, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.