IN RE: DARIUS KADENHEAD (2026)

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

IN RE: DARIUS KADENHEAD, PETITIONER-RESPONDENT, v. DANIEL F. MARTUSCELLO, III, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND BARBARA O'NEILL, ADMINISTRATIVE LAW JUDGE, RESPONDENTS-APPELLANTS.

228 Decided: July 24, 2026

PRESENT: LINDLEY, J.P., CURRAN, OGDEN, DELCONTE, AND HANNAH, JJ.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (DOUGLAS E. WAGNER OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

MEMORANDUM AND ORDER

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

Memorandum: Respondents appeal from a judgment that stayed petitioner's final parole revocation hearing with regard to certain charges. We dismiss this appeal as moot inasmuch as the stay has expired by its own terms (see Matter of O’Brien v Brenda H., 217 AD3d 1547, 1548 [4th Dept 2023], lv denied 41 NY3d 903 [2024]; People ex rel. Finlay v Gideon, 129 AD3d 1632, 1633 [4th Dept 2015]; Matter of Cyle J.F. [Alexander F.], 128 AD3d 1364, 1364-1365 [4th Dept 2015]) and the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

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