Opinion
November 13, 2000.
Appeal from Judgment of Supreme Court, Cayuga County, Corning, J. — Habeas Corpus.
PRESENT: PIGOTT, JR., P. J., GREEN, PINE, BALIO AND LAWTON, JJ.
Appeal unanimously dismissed without costs.
Memorandum:
Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus. During the pendency of petitioner's appeal to this Court, petitioner was released to parole supervision. Consequently, habeas corpus relief is no longer available, and this appeal has been rendered moot ( see, People ex rel. Brown v. New York State Div. of Parole, 262 A.D.2d 433; see also, People ex rel. Campbell v. Filion, 255 A.D.2d 915; People ex rel. Bressette v. Superintendent of Great Meadow Correctional Facility, 175 A.D.2d 961, 962). This case does not fall within the exception to the mootness doctrine because the issue whether petitioner's parole hearing was untimely is "not of the type to remain live for a relatively short duration, thereby evading review" ( Matter of Morrison v. New York State Div. of Hous. Community Renewal, 93 N.Y.2d 834, 838; see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715). In any event, Supreme Court properly dismissed the petition because petitioner "failed to take a timely administrative appeal following the final parole revocation hearing * * * and thus [petitioner] failed to exhaust his administrative remedies" ( People ex rel. Campbell v. Filion, supra; see, People ex rel. Childs v. Bennett, 231 A.D.2d 951, 952, lv denied 89 N.Y.2d 802).