Opinion
11-20-2015
The PEOPLE of the State of New York ex rel. Louis YOURDON, Petitioner–Appellant, v. Parole Officer Martin SEMRAU, New York State Division of Parole, Tina M. Stanford, Chairwoman of Parole Board, New York State Department of Corrections and Community Supervision, Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, and Paul Chappius, Superintendent, Elmira Correctional Facility, Respondents–Respondents.
Louis Rosado, Buffalo, for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Brian D. Ginsberg of Counsel), for Respondents–Respondents.
Louis Rosado, Buffalo, for Petitioner–Appellant.
Eric T. Schneiderman, Attorney General, Albany (Brian D. Ginsberg of Counsel), for Respondents–Respondents.
Opinion
MEMORANDUM:
Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus in which he sought release from state prison on various grounds. While this appeal was pending, however, petitioner was released to parole supervision, thereby rendering this appeal moot (see People ex rel. Anderson v. James, 125 A.D.3d 1329, 1330, 999 N.Y.S.2d 906; 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). Contrary to petitioner's contention, 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.
CENTRA, J.P., PERADOTTO, LINDLEY, VALENTINO, and WHALEN, JJ., concur.