Matter of Kadenhead v. Martuscello
Opinion
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Bureau Thomas J.K. Smith, State Reporter
Matter of Kadenhead v Martuscello
2026 NY Slip Op 04575
July 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
IN THE MATTER OF DARIUS KADENHEAD, PETITIONER-RESPONDENT,
v
DANIEL F. MARTUSCELLO, III, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND BARBARA O'NEILL, ADMINISTRATIVE LAW JUDGE, RESPONDENTS-APPELLANTS.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on July 24, 2026
228 CA 25-00145
Present: Lindley, J.P., Curran, Ogden, Delconte, And Hannah, JJ.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (DOUGLAS E. WAGNER OF COUNSEL), FOR RESPONDENTS-APPELLANTS.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John J. DelMonte, J.), dated November 8, 2024, in a proceeding seeking a stay of a parole revocation hearing. The judgment stayed the final parole revocation hearing of petitioner.
[*1]It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Respondents appeal from a judgment that stayed petitioner's final parole revocation hearing with regard to certain charges. We dismiss this appeal as moot inasmuch as the stay has expired by its own terms (see Matter of O'Brien v Brenda H., 217 AD3d 1547, 1548 [4th Dept 2023], lv denied 41 NY3d 903 [2024]; People ex rel. Finlay v Gideon, 129 AD3d 1632, 1633 [4th Dept 2015]; Matter of Cyle J.F. [Alexander F.], 128 AD3d 1364, 1364-1365 [4th Dept 2015]) and the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).
Entered: July 24, 2026
Ann Dillon Flynn
Clerk of the Court
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