Opinion
02-06-2015
The PEOPLE of the State of New York ex rel. William ANDERSON, Petitioner–Appellant, v. Randy JAMES, Superintendent, Livingston Correctional Facility, Respondent–Respondent.
Genesee Valley Legal Aid, Inc., Geneseo (Jeannie D. Michalski of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of Counsel), for Respondent–Respondent.
Genesee Valley Legal Aid, Inc., Geneseo (Jeannie D. Michalski of Counsel), for Petitioner–Appellant.
Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of Counsel), for Respondent–Respondent.
Opinion
MEMORANDUM:On appeal from a judgment denying his petition for a writ of habeas corpus, petitioner contends that his right to due process was violated. While this appeal was pending, however, petitioner was released to parole supervision, and thus this appeal has been rendered moot (see People ex rel. Moore v. Lempke, 101 A.D.3d 1665, 1665–1666, 955 N.Y.S.2d 787, lv. denied 20 N.Y.3d 863, 2013 WL 1235507 ). The exception to the mootness doctrine does not apply (see People ex rel. Baron v. New York State Dept. of Corr., 94 A.D.3d 1410, 1410, 942 N.Y.S.2d 392, lv. denied 19 N.Y.3d 807, 2012 WL 2401232 ; 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 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
SCUDDER, P.J., SMITH, VALENTINO, WHALEN, and DeJOSEPH, JJ., concur.