MARTIN, JAMAR v. EVANS, ANDREA W.

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 4, 2013
• Docket: CA 13-00177
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

1020 CA 13-00177 PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.

IN THE MATTER OF JAMAR MARTIN, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (LEAH RENE NOWOTARSKI OF COUNSEL), FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ANDREW B. AYERS OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from an amended judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered June 4, 2012 in a proceeding pursuant to CPLR article 78. The amended judgment denied the petition.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Inasmuch as petitioner’s attorney has advised this Court that petitioner has been conditionally released to parole supervision, petitioner’s appeal from the amended judgment denying his CPLR article 78 petition seeking release to parole has been rendered moot (see Matter of Velez v Evans, 101 AD3d 1642, 1642; see also People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410, lv denied 19 NY3d 807). The exception to the mootness doctrine does not apply herein (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).

Entered: October 4, 2013 Frances E. Cafarell Clerk of the Court