Opinion
2012-12-21
The PEOPLE of the State of New York ex rel. Kenneth MOORE, Petitioner–Appellant, v. John LEMPKE, Superintendent, Five Points Correctional Facility, and Andrea Evans, Chairwoman, New York State Division of Parole, Respondents–Respondents.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered July 14, 2011 in a habeas corpus proceeding. The judgment dismissed the petition. Charles J. Greenberg, Amherst, for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Zainab A. Chaudhry of Counsel), for Respondents–Respondents.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered July 14, 2011 in a habeas corpus proceeding. The judgment dismissed the petition.
Charles J. Greenberg, Amherst, for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Zainab A. Chaudhry of Counsel), for Respondents–Respondents.
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. Hampton v. Dennison, 59 A.D.3d 951, 951, 872 N.Y.S.2d 341,lv. denied 12 N.Y.3d 711, 881 N.Y.S.2d 661, 909 N.E.2d 584). Contrary to petitioner's contention, no exception to the mootness doctrine is present under the circumstances of this case ( see id.; People ex rel. Limmer v. McKinney, 23 A.D.3d 806, 807, 803 N.Y.S.2d 750).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.