Opinion
2013-06-7
The PEOPLE of the State of New York ex rel. Stephan BRIECKE, Petitioner–Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 6, 2011 in a habeas corpus proceeding. The judgment dismissed the petition. *913Norman P. Effman, Public Defender, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of Counsel), for Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 6, 2011 in a habeas corpus proceeding. The judgment dismissed the petition.
*913Norman P. Effman, Public Defender, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of Counsel), for Respondent–Respondent.
MEMORANDUM:
Petitioner's appeal from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot by his release to parole supervision ( see People ex rel. Baron v. New York State Dept. of Corrections, 94 A.D.3d 1410, 1410, 942 N.Y.S.2d 392,lv. denied 19 N.Y.3d 807, 950 N.Y.S.2d 106, 973 N.E.2d 204;People ex rel. Kendricks v. Smith, 52 A.D.2d 1090, 1090, 384 N.Y.S.2d 313), and the exception to the mootness doctrine does not apply ( see Baron, 94 A.D.3d at 1410, 942 N.Y.S.2d 392;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.