IN RE: PABLO DEJESUS (2013)

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

IN RE: PABLO DEJESUS, PETITIONER–APPELLANT, v. ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT–RESPONDENT.

CA 13–00233

Decided: November 08, 2013

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Inasmuch as petitioner has been released to parole supervision, his appeal from the judgment denying his CPLR article 78 petition seeking release to parole has been rendered moot (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410, lv denied 19 NY3d 807; People ex rel. Graham v. Fischer, 70 AD3d 1381, 1381–1382; People ex rel. Mitchell v. Unger, 63 AD3d 1591, 1591), and the exception to the mootness doctrine does not apply herein (see Baron, 94 AD3d at 1410; Graham, 70 AD3d at 1381–1382; see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715).

Frances E. Cafarell

Clerk of the Court

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