Majority
p. 1674In the Matter of Michael Bethea, Appellant, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent. [53 NYS3d 867]
Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered January 20, 2016 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ordered that said appeal is unanimously dismissed without costs.
p. 1675
Memorandum: Petitioner appeals from a judgment dismissing his petition pursuant to CPLR article 78 seeking to annul the determination of the Parole Board denying him parole release. We conclude that “ ‘[t]his 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 Porter v Annucci, 148 AD3d 1779 , 1779 [2017]). Contrary to petitioner’s contention, the exception to the mootness doctrine does not apply here (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714-715 [1980]).
Present — Carni, J.P., Lindley, DeJoseph, Curran and Troutman, JJ.
Cases cited
- Hearst Corp. v. Clyne 50 NY2d 707 at 714-715 p. 1675