Opinion
2013-02-8
The PEOPLE of the State of New York ex rel. Thomas AIKENS, Petitioner–Appellant, v. Dawson BROWN, Superintendent, Groveland Correctional Facility, Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered January 13, 2011 in a habeas corpus proceeding. The judgment dismissed the petition. Genesee Valley Legal Aid, Inc., Geneseo (Jeannie Michalski of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of Counsel), for Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered January 13, 2011 in a habeas corpus proceeding. The judgment dismissed the petition.
Genesee Valley Legal Aid, Inc., Geneseo (Jeannie Michalski of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of Counsel), for Respondent–Respondent.
MEMORANDUM:
Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus. We note at the outset that the date on which judgment was entered is incorrect in petitioner's notice of appeal. The index number in the notice of appeal is correct, however, and we exercise our discretion to treat the notice of appeal as valid ( see CPLR 5520[c]; People v. Mitchell, 93 A.D.3d 1173, 1173, 940 N.Y.S.2d 393,lv. denied 19 N.Y.3d 999, 951 N.Y.S.2d 475, 975 N.E.2d 921;People ex rel. Cass v. Khahaifa, 89 A.D.3d 1517, 1517–1518, 932 N.Y.S.2d 748).
Petitioner concedes that he was released to parole supervision before this appeal was perfected, and we thus conclude that the appeal has been rendered moot ( see *914People ex rel. Campolito v. Hale, 70 A.D.3d 1474, 1474, 893 N.Y.S.2d 917). The exception to the mootness doctrine does not apply herein ( see id.). In any event, petitioner was not deprived of due process because he personally did not receive the decision revoking his parole. Notice to petitioner's attorney served as notice to petitioner ( see People ex rel. Knowles v. Smith, 54 N.Y.2d 259, 266, 445 N.Y.S.2d 103, 429 N.E.2d 781). “[I]t is notification, not personal notification, that is a requirement of due process” ( id.).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.