State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: April 21, 2016 521658
________________________________
In the Matter of SHERMAN
WALKER,
Appellant,
v
MEMORANDUM AND ORDER
ANTHONY J. ANNUCCI, as Acting
Commissioner of Corrections
and Community Supervision,
et al.,
Respondents.
________________________________
Calendar Date: February 23, 2016
Before: Lahtinen, J.P., McCarthy, Lynch and Devine, JJ.
__________
Sherman Walker, Albion, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Frederick
A. Brodie of counsel), for respondents.
__________
Appeal from a judgment of the Supreme Court (Elliott III,
J.), entered March 9, 2015 in Albany County, which dismissed
petitioner's application, in a proceeding pursuant to CPLR
article 78, to review a determination of the Board of Parole
denying petitioner's request for parole release.
Petitioner commenced this CPLR article 78 proceeding
challenging a 2014 determination of the Board of Parole that
denied his request for parole release. The Attorney General has
advised this Court that petitioner reappeared before the Board in
February 2016 and his request for parole release was again
denied. Accordingly, the appeal from the dismissal of this
proceeding is moot and, as the narrow exception to the mootness
-2- 521658
doctrine is inapplicable, it must be dismissed (see Matter of
Franko v Department of Corr. & Community Supervision, 126 AD3d
1193, 1193 [2015]; Matter of Mance v Evans, 119 AD3d 1316, 1316
[2014]).
Lahtinen, J.P., McCarthy, Lynch and Devine, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court