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COVINGTON v. CIRINCIONE

Appellate Division of the Supreme Court of New York, Third Department.
Jul 17, 2003
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MEMORANDUM AND ORDER

Petitioner, an inmate at Clinton Correctional Facility in Clinton County, made a request under the Freedom of Information Law (Public Officers Law art 6) for any information relating to his parole revocation hearing, held March 26, 1993. After petitioner was provided with the requested material, Supreme Court granted respondent's motion to dismiss the petition as moot. We agree that the matter is moot and, in the absence of any exception to the mootness doctrine, Supreme Court's determination will not be disturbed (see Matter of Sills v. New York State Div. of State Police, 248 A.D.2d 920, 921). To the extent that petitioner is currently seeking information that was not requested in his original application, he has failed to exhaust his administrative remedies (see Matter of Almodovar v. Altschuller, 232 A.D.2d 700;see also Public Officers Law ยง 89 [a], [b]).

Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ. ORDERED that the judgment is affirmed, without costs.