Matter of Porter v Annucci
Appellate Division, Fourth Department
March 31, 2017
2017 NY Slip Op 02553 | 148 AD3d 1779
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 3, 2017
Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered October 27, 2015 in a proceeding pursuant to
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his petition seeking to annul the Parole Board‘s determination denying him parole release. We conclude that “[t]his 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 AD3d 943, 943 [2003], appeal dismissed and lv denied 2 NY3d 731 [2004]; see Matter of Robles v Evans, 100 AD3d 1455, 1455 [2012]). Contrary to petitioner‘s contention, the exception to the mootness doctrine does not apply here (see Matter of Sanchez v Evans, 111 AD3d 1315, 1315 [2013]; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present—Whalen, P.J., Smith, Carni, Lindley and NeMoyer, JJ.