Opinion
11-14-2014
In the Matter of Charles VENTURA, 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 (Julie M. Sheridan 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 (Julie M. Sheridan of Counsel), for Respondent–Respondent.
Opinion
MEMORANDUM:
Petitioner appeals from a judgment dismissing his petition pursuant to CPLR article 78 in which he sought to annul the Parole Board's determination denying his request for release to parole supervision. “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 (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.
SMITH, J.P., PERADOTTO, CARNI, VALENTINO, and WHALEN, JJ., concur.