Opinion
2013-12-27
The PEOPLE of the State of New York ex rel. Norman JENKINS, Petitioner–Appellant, v. RIKERS ISLAND CORRECTIONAL FACILITY WARDEN and New York State Division of Parole, Respondents–Respondents.
Appeal from a judgment (denominated decision and order) of the Supreme Court, Orleans County (James P. Punch, A.J.), dated August 9, 2012 in a habeas corpus proceeding. The judgment denied the petition. Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of Counsel), for Respondents–Respondents.
Appeal from a judgment (denominated decision and order) of the Supreme Court, Orleans County (James P. Punch, A.J.), dated August 9, 2012 in a habeas corpus proceeding. The judgment denied the petition.
Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of Counsel), for Respondents–Respondents.
MEMORANDUM:
On appeal from a judgment denying his petition for a writ of habeas corpus, petitioner contends that the actions of the Parole Board violated his right to due process. While this appeal was pending, however, petitioner was released to parole supervision, and thus this appeal has been rendered moot ( see People ex rel. Briecke v. New York State Dept. of Corr. Servs., 107 A.D.3d 1459, 1459, 965 N.Y.S.2d 912; 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). Although petitioner contends otherwise, the exception to the mootness doctrine does not apply because, inter alia, the issue he raises on appeal is not likely to recur ( 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, PERADOTTO, LINDLEY, and SCONIERS, JJ., concur.