Opinion
11-09-2017
In the Matter of Deborah SOULE, Petitioner–Appellant, v. Tina STANFORD, In Her Official Capacity as Chairperson of Board of Parole, Respondent–Respondent.
Law Offices of Joshua Dubs, PLLC, Buffalo (Joshua E. Dubs of counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for Respondent–Respondent.
Law Offices of Joshua Dubs, PLLC, Buffalo (Joshua E. Dubs of counsel), for Petitioner–Appellant.
Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for Respondent–Respondent.
MEMORANDUM:Petitioner appeals from a judgment dismissing her petition pursuant to CPLR article 78 seeking to annul the determination of the Parole Board denying her release to community supervision. Because petitioner has appeared again before the Parole Board during the pendency of this appeal, and was denied release to community supervision again, we dismiss this appeal as moot (see Matter of Ventura v. Fischer, 122 A.D.3d 1303, 1303, 994 N.Y.S.2d 879 [4th Dept.2014] ; Matter of Mann v. Fischer, 122 A.D.3d 1386, 1387, 995 N.Y.S.2d 526 [4th Dept.2014] ). We conclude that the exception to the mootness doctrine does not apply (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] ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
SMITH, J.P., PERADOTTO, LINDLEY, DeJOSEPH, and WINSLOW, JJ., concur.