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In the Matter of Marcelino Lopez v. Anthony Annucci

In the Matter of Marcelino Lopez v. Anthony Annucci

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Wyoming County-Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for Petitioner-Appellant. Letitia James, Attorney General, Albany (Frank Brady of Counsel), for Respondent-Respondent. Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered May 4, 2023, 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. 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. The Attorney General has advised this Court that, following that denial and during the pendency of this appeal, petitioner reappeared before the Parole Board in April 2024, and was subsequently denied parole. Consequently, this appeal must be dismissed as moot (see 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]).

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