Matter of Blanks v. Annucci

2017 NY Slip Op 7866, 155 A.D.3d 1603, 63 N.Y.S.3d 301

Opinion

Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered June 17, 2016 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 petition pursuant to CPLR article 78 seeking to annul the determination denying him parole release. The Attorney General has advised this Court that, subsequent to that denial, petitioner reappeared before the Board of Parole in June 2017' and was again denied release. Consequently, this appeal must be dismissed as moot (see Matter of Sanchez v Evans, 111 AD3d 1315, 1315 [4th Dept 2013]). Contrary to petitioner’s contention, the exception to the mootness doctrine does not apply (see id.; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Present—Whalen, P.J., Smith, Lindley, NeMoyer and Curran, JJ.