Raffianiv.Fischer

Supreme Court, Appellate Division, Fourth Department, New York.Jun 13, 2014
987 N.Y.S.2d 286 (N.Y. App. Div. 2014)

2014-06-13

In the Matter of Robert RAFFIANI, Petitioner–Appellant, v. Brian FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, Respondent–Respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered February 4, 2013 in a CPLR article 78 proceeding. The judgment dismissed the petition. Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of Counsel), for Respondent–Respondent.


Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered February 4, 2013 in a CPLR article 78 proceeding. The judgment dismissed the petition.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of Counsel), for Respondent–Respondent.
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 release to community supervision. Because petitioner has again appeared before the Parole Board during the pendency of this appeal, and was again denied release to community supervision, we dismiss the appeal as moot ( see Matter of Suarez v. Fischer, 112 A.D.3d 1344, 1344, 976 N.Y.S.2d 915;Matter of Sanchez v. Evans, 111 A.D.3d 1315, 1315, 974 N.Y.S.2d 832). Contrary to petitioner's contention, this matter does not fall within the exception to the mootness doctrine ( see Sanchez, 111 A.D.3d at 1315, 974 N.Y.S.2d 832;see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876).

It is hereby ORDERED that said appeal is unanimously dismissed without costs. SCUDDER, P.J., CENTRA, CARNI, LINDLEY, and DeJOSEPH, JJ., concur.