State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: January 26, 2017 522306
________________________________
In the Matter of VERNON A.
JONES,
Appellant,
v
MEMORANDUM AND ORDER
ANTHONY J. ANNUCCI, as Acting
Commissioner of Corrections
and Community Supervision,
et al.,
Respondents.
________________________________
Calendar Date: November 29, 2016
Before: McCarthy, J.P., Egan Jr., Rose, Clark and Aarons, JJ.
__________
Vernon A. Jones, Fallsburg, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Robert M.
Goldfarb of counsel), for respondents.
__________
Appeal from a judgment of the Supreme Court (Platkin, J.),
entered November 27, 2015 in Albany County, which, among other
things, dismissed petitioner's application, in a proceeding
pursuant to CPLR article 78, to review a determination of
respondent Commissioner of Corrections and Community Supervision
withholding petitioner's good time allowance.
Petitioner, an inmate, commenced this CPLR article 78
proceeding challenging a determination of respondent Commissioner
of Corrections and Community Supervision to withhold petitioner's
good time allowance based upon his failure to complete required
programming. Supreme Court, among other things, dismissed the
petition. Petitioner now seeks to challenge that dismissal of
-2- 522306
the petition.
The Attorney General has advised this Court that petitioner
reappeared before the Time Allowance Committee and the
Commissioner affirmed the Committee's recommendation that
petitioner's good time allowance be restored due to petitioner's
completion of programs and continued positive disciplinary
record. In view of this, petitioner's challenge to the prior
determination has been rendered moot and this appeal must
therefore be dismissed (see Matter of Gonzalez v Department of
Corr. & Community Supervision, 107 AD3d 1283, 1283 [2013]).
Contrary to petitioner's contention, we find that the narrow
exception to the mootness doctrine is inapplicable (see Matter of
Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]).
McCarthy, J.P., Egan Jr., Rose, Clark and Aarons, JJ.,
concur.
ORDERED that the appeal is dismissed, as moot, without
costs.
ENTER:
Robert D. Mayberger
Clerk of the Court