Opinion
2021-06527
11-19-2021
THE PEOPLE OF THE STATE OF NEW YORK EX REL. TASHEEN ROBINSON, PETITIONER-APPELLANT, v. ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT, ET AL., RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO INC., BUFFALO (JANE I. YOON OF COUNSEL), FOR PETITIONER-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO INC., BUFFALO (JANE I. YOON OF COUNSEL), FOR PETITIONER-APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: SMITH, J.P., CARNI, NEMOYER, CURRAN, AND BANNISTER, JJ.
Appeal from a judgment (denominated order) of the Supreme Court, Cattaraugus County (Terrence M. Parker, A.J.), entered August 20, 2020 in a habeas corpus proceeding. The judgment dismissed the petition.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus. The appeal has been rendered moot by petitioner's release from custody (see People ex rel. Phillips v New York State Dept. of Corr. & Community Supervision, 196 A.D.3d 1070, 1070 [4th Dept 2021]; People ex rel. Houston v Annucci, 141 A.D.3d 1111, 1111 [4th Dept 2016]), and the exception to the mootness doctrine does not apply in this case (see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715 [1980]). While this Court has the power to convert the habeas corpus proceeding into a CPLR article 78 proceeding, we decline to do so under the circumstances of this case (see generally People ex rel. Stokes v New York State Div. of Parole, 144 A.D.3d 1550, 1551 [4th Dept 2016], lv denied 28 N.Y.3d 915 [2017]).