Opinion
1020 KAH 21-00063
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.
MEMORANDUM AND ORDER
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, 147 N.Y.S.3d 495 [4th Dept. 2021] ; People ex rel. Houston v. Annucci , 141 A.D.3d 1111, 1111, 33 N.Y.S.3d 811 [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, 431 N.Y.S.2d 400, 409 N.E.2d 876 [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, 40 N.Y.S.3d 333 [4th Dept. 2016], lv denied 28 N.Y.3d 915, 2017 WL 582221 [2017] ).