IN RE: LAMON MCKOY (2026)

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

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

374 Decided: June 05, 2026

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

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (NORMAN P. EFFMAN 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: In this proceeding pursuant to CPLR article 78, petitioner appeals from a judgment dismissing his petition seeking to annul the determination of the Parole Board denying his request for release to parole supervision. In February 2026, petitioner reappeared before the Parole Board, which again denied his request for release. Consequently, this appeal must be dismissed as moot (see Matter of Romano v Annucci, 196 AD3d 1176, 1176 [4th Dept 2021]; Matter of Colon v Annucci, 177 AD3d 1393, 1394 [4th Dept 2019]; see generally Matter of Moissett v Travis, 97 NY2d 673, 674 [2001]). We conclude that the exception to the mootness doctrine does not apply (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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