Delacruz v. Annucci

Appeal from a judgment or the Supreme Court, Wyoming County (Mark H. Dadd, A.J.) entered December 12, 2013 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his petition pursuant to CPLR article 78 seeking to annul the determination of the Parole Board (Board) denying him parole release. We agree with petitioner that his appeal is not moot inasmuch as the determination has not expired during the pendency of this…