Opinion
No. KAH 07-02532.
February 6, 2009.
Appeal from a judgment (denominated order) of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered October 11, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.
D.J. J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR PETITIONER-APPELLANT.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MARLENE O. TUCZINSKI OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Present: Martoche, J.P., Fahey, Green and Pine, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been rendered moot by his release to parole supervision ( see People ex rel. Limmer v McKinney, 23 AD3d 806). Contrary to petitioner's contention, the exception to the mootness doctrine does not apply here ( see id.; People ex rel. Alexander v Walsh, 303 AD2d 1015, lv denied 100 NY2d 505; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).