IN RE: MARIO ZANGHI (2026)

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

IN RE: MARIO ZANGHI, PETITIONER-APPELLANT, v. DANIEL MARTUSCELLO, III, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.

171 Decided: June 05, 2026

PRESENT: BANNISTER, J.P., MONTOUR, GREENWOOD, NOWAK, AND HANNAH, JJ.

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (RACHEL RAIMONDI 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 Parole Board that denied his request for release to parole supervision. Following that denial and during the pendency of this appeal, petitioner reappeared before the Parole Board in September 2025, and was subsequently denied parole. Consequently, this appeal must be dismissed as moot (see Matter of Lopez v Annucci, 229 AD3d 1124, 1125 [4th Dept 2024]; Matter of Hill v Annucci, 149 AD3d 1540, 1541 [4th Dept 2017]). Contrary to petitioner's contention, the exception to the mootness doctrine does not apply (see Matter of Lopez-Contreras v Annucci, 221 AD3d 1580, 1580 [4th Dept 2023]; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Entered: June 5, 2026

Ann Dillon Flynn

Clerk of the Court

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