Opinion
No. 377 CA 22-00734
06-09-2023
IN THE MATTER OF KEVIN STUART, 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 (MICHAEL J. MANUSIA OF COUNSEL), FOR PETITIONER-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (DUSTIN J. BROCKNER OF COUNSEL), FOR RESPONDENT-RESPONDENT.
WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (MICHAEL J. MANUSIA OF COUNSEL), FOR PETITIONER-APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (DUSTIN J. BROCKNER OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: SMITH, J.P., LINDLEY, BANNISTER, MONTOUR, AND GREENWOOD, JJ.
Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered April 18, 2022 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his CPLR article 78 petition seeking to annul the determination of the Board of Parole (Board) denying his request for release to parole supervision following a hearing in April 2021. The Attorney General has advised this Court that, subsequent to that denial and during the pendency of this appeal, petitioner reappeared before the Board in April 2023 and was again denied release. Consequently, this appeal must be dismissed as moot (see Matter of Romano v Annucci, 196 A.D.3d 1176, 1176 [4th Dept 2021]; Matter of Colon v Annucci, 177 A.D.3d 1393, 1394 [4th Dept 2019]; see generally Matter of Moissett v Travis, 97 N.Y.2d 673, 674 [2001]). Contrary to petitioner's contention, we conclude that this case does not fall within the exception to the mootness doctrine (see Romano, 196 A.D.3d at 1176; Colon, 177 A.D.3d at 1394; Matter of Brunner v Speckard, 214 A.D.2d 1040, 1040-1041 [4th Dept 1995], lv denied 86 N.Y.2d 707 [1995]; see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715 [1980]).