IN RE: THOMAS MANN

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

IN RE: THOMAS MANN, PETITIONER–APPELLANT, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT–RESPONDENT.

CA 13–01692

Decided: November 21, 2014

PRESENT:  SCUDDER, P.J., FAHEY, CARNI, LINDLEY, AND VALENTINO, JJ. WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU 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 seeking to annul the Parole Board's determination denying him parole release.   “This appeal must be dismissed as moot because the determination expired during the pendency of this appeal, and the Parole Board denied petitioner's subsequent request for parole release” (Matter of Patterson v. Berbary, 1 AD3d 943, 943, appeal dismissed and lv. denied 2 NY3d 731;  see Matter of Robles v. Evans, 100 AD3d 1455, 1455).   Contrary to petitioner's contention, the exception to the mootness doctrine does not apply here (see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715;  Matter of Sanchez v. Evans, 111 AD3d 1315, 1315).

Frances E. Cafarell

Clerk of the Court