IN RE: EFRAIN LOPEZ-CONTRERAS (2023)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: EFRAIN LOPEZ-CONTRERAS, PETITIONER-APPELLANT, v. ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.

849 Decided: November 17, 2023

PRESENT: WHALEN, P.J., LINDLEY, MONTOUR, GREENWOOD, AND NOWAK, JJ.

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.

MEMORANDUM AND ORDER

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]).

Entered: November 17, 2023

Ann Dillon Flynn

Clerk of the Court

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