Matter of Sanchez v Evans

Matter of Sanchez v Evans 2013 NY Slip Op 07333 Released on November 8, 2013 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
1084 CA 13-00096

[*1]IN THE MATTER OF EDDIE SANCHEZ, PETITIONER-APPELLANT,

v

ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENT-RESPONDENT.


Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered January 24, 2012 in a CPLR article 78 proceeding. The judgment denied the petition.


WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (LEAH RENE NOWOTARSKI OF COUNSEL), FOR PETITIONER-APPELLANT.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT-RESPONDENT.


It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging the denial of his application for release to parole supervision in January 2011. The Attorney General has advised this Court that, subsequent to that denial, petitioner reappeared before the Board of Parole on January 28, 2013 and was denied release again. Consequently, this appeal must be dismissed as moot (see Matter of Dobranski v Alexander, 69 AD3d 1091, 1091). Contrary to petitioner's contention, this matter does not fall within the exception to the mootness doctrine (see Matter of Malangone v Dennison, 46 AD3d 1155, 1155; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court