| Matter of Lopez-Contreras v Annucci |
| 2023 NY Slip Op 05910 [221 AD3d 1580] |
| November 17, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Efrain Lopez-Contreras,
Appellant, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent. |
Wyoming County-Attica Legal Aid Bureau, Warsaw (Michael J. Manusia of counsel), for petitioner-appellant.
Letitia James, 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 September 23, 2022, 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 CPLR article 78 petition seeking to annul the determination of the Board of Parole denying his request for release to parole supervision. Petitioner has since been released to parole supervision, thus rendering the appeal moot (see Matter of DeJesus v Evans, 111 AD3d 1340, 1340 [4th Dept 2013]; Matter of Velez v Evans, 101 AD3d 1642, 1642 [4th Dept 2012]). Contrary to petitioner's contention, the exception to the mootness doctrine does not apply herein (see DeJesus, 111 AD3d at 1340; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present—Whalen, P.J., Lindley, Montour, Greenwood and Nowak, JJ.