IN RE: GREG WILLIAMS (2016)

Supreme Court, Appellate Division, Fourth Department.

IN RE: GREG WILLIAMS, PETITIONER–APPELLANT, v. ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT–RESPONDENT.

CA 15–01472

Decided: December 23, 2016

PRESENT: PERADOTTO, J.P., CARNI, CURRAN, TROUTMAN, AND SCUDDER, JJ.

WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (WILLIAM E. STORRS 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 petition pursuant to CPLR article 78 seeking to annul the determination denying him parole release. The Attorney General has advised this Court that, subsequent to that denial, petitioner reappeared before the Board of Parole in May of 2016 and was again denied release. Consequently, this appeal must be dismissed as moot (see Matter of Sanchez v. Evans, 111 AD3d 1315, 1315). Contrary to petitioner's contention, this matter does not fall within the exception to the mootness doctrine (see id.).

Frances E. Cafarell

Clerk of the Court

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