IN RE: JEFF BRISBANE (2018)

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

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

CA 17–00080

Decided: March 23, 2018

PRESENT: CENTRA, J.P., CARNI, DEJOSEPH, TROUTMAN, AND WINSLOW, JJ.

WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (BRIAN D. GINSBERG 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 Parole Board's determination denying his request for release to parole supervision. The Attorney General has advised this Court that, subsequent to that denial and during the pendency of this appeal, petitioner reappeared before the Parole Board in January 2018, at which time he was given an “ ‘open date’ “ for release. In view of that reappearance, this appeal must be dismissed as moot (see Matter of Hill v. Annucci, 149 AD3d 1540, 1541 [4th Dept 2017]; Matter of Dobranski v. Alexander, 69 AD3d 1091, 1091 [4th Dept 2010] ). Contrary to petitioner's contention, the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715 [1980] ).

Mark W. Bennett

Clerk of the Court

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