Matter of Flowers v Martuscello
2026 NY Slip Op 02504 [248 AD3d 1667]
April 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2026
In the Matter of Anthony Flowers, Appellant,
v
Daniel F. Martuscello, III, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
April 24, 2026
APPEARANCES OF COUNSEL
Wyoming County-attica Legal Aid Bureau, Warsaw (Norman P. Effman of counsel), for petitioner-appellant.
Letitia James, Attorney General, Albany (Rachel Raimondi of counsel), for respondent-respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Melissa Lightcap Cianfrini, A.J.), entered January 7, 2025, 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 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 [4th Dept 2017]). The exception to the mootness doctrine does not apply here (see Matter of Bethea v Annucci, 151 AD3d 1674, 1675 [4th Dept 2017]; Matter of Brunner v Speckard, 214 AD2d 1040, 1040 [4th Dept 1995], lv denied 86 NY2d 707 [1995]; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present—Curran, J.P., Ogden, Greenwood and Hannah, JJ.