Opinion
524612
01-25-2018
Thomas Williams, Rochester, appellant pro se.
Thomas Williams, Rochester, appellant pro se.
Before: Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (McDonough, J.), entered September 12, 2016 in Albany County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this proceeding for a writ of habeas corpus challenging his continued incarceration following the expiration of the time assessment period in connection with the revocation of his parole. Supreme Court denied the petition without a hearing and this appeal ensued. Inasmuch as petitioner has been released to parole supervision, the instant proceeding—wherein petitioner seeks an immediate release from state custody—is moot ( People ex rel. Kim v. Smith, 156 A.D.3d 1100, ––––, 65 N.Y.S.3d 470 [2017] ; see People ex rel. Lashway v. Wenderlich, 118 A.D.3d 1199, 1120, 987 N.Y.S.2d 268 [2014] ).
ORDERED that the appeal is dismissed, as moot, without costs.
Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ., concur.