Opinion
177 CA 20-00781
07-16-2021
In the Matter of Albert WILLIAMS, 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. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FREDERICK A. BRODIE OF COUNSEL), FOR RESPONDENT-RESPONDENT.
WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER-APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FREDERICK A. BRODIE OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: WHALEN, P.J., CARNI, NEMOYER, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging the denial of his application for release to parole supervision after a hearing in September 2018. The Attorney General has advised this Court that, subsequent to that denial, petitioner reappeared before the Board of Parole in September 2020 and was again denied release. Consequently, this appeal must be dismissed as moot (see Matter of Colon v. Annucci , 177 A.D.3d 1393, 1394, 110 N.Y.S.3d 621 [4th Dept. 2019] ; Matter of Hill v. Annucci , 149 A.D.3d 1540, 1541, 51 N.Y.S.3d 450 [4th Dept. 2017] ). Contrary to petitioner's contention, this matter does not fall within the exception to the mootness doctrine (see Colon , 177 A.D.3d at 1394, 110 N.Y.S.3d 621 ; Matter of Soule v. Stanford , 155 A.D.3d 1552, 1552-1553, 63 N.Y.S.3d 281 [4th Dept. 2017], lv denied 30 N.Y.3d 912, 2018 WL 827729 [2018] ; 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] ).