Opinion
1201 KAH 19–00524
12-20-2019
The PEOPLE of the State of New York EX REL. Daniel SABINO, Petitioner–Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent–Respondent.
WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER–APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT–RESPONDENT.
WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER–APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT–RESPONDENT.
PRESENT: CENTRA, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment denying his petition for a writ of habeas corpus. Because petitioner was released to parole supervision in October 2019, the appeal has been rendered moot (see People ex rel. Luck v. Squires, 173 A.D.3d 1767, 1767, 100 N.Y.S.3d 603 [4th Dept. 2019] ; People ex rel. Valentin v. Annucci, 159 A.D.3d 1391, 1392, 70 N.Y.S.3d 112 [4th Dept. 2018], lv denied 31 N.Y.3d 911, 2018 WL 2977996 [2018] ). We conclude that the exception to the mootness doctrine does not apply (see People ex rel. Winters v. Crowley, 166 A.D.3d 1525, 1525, 85 N.Y.S.3d 815 [4th Dept. 2018], lv. denied 32 NY3d 917, 2019 WL 758283 [2019] ; 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] ).