Opinion
KAH 02-00864
March 21, 2003.
Appeal from a judgment (denominated order and judgment) of Supreme Court, Onondaga County (Brunetti, J.), entered December 19, 2001, which denied the petition for a writ of habeas corpus.
D.J. J.A. CIRANDO, ESQS., SYRACUSE (MICKELLE A. OLAWOYE OF COUNSEL), FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (CHARLES D. STEINMAN OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: HURLBUTT, J.P., KEHOE, GORSKI, LAWTON, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.
Memorandum:
The issues raised on this appeal concerning petitioner's preliminary parole revocation hearing were rendered moot by the determination following the final parole revocation hearing, at which petitioner admitted that he violated a condition of his parole (see People ex rel. Freeman v. McCoy, 277 A.D.2d 1054, lv denied 96 N.Y.2d 704). In any event, the record establishes that petitioner was released to parole supervision during the pendency of this appeal. Because habeas corpus relief therefore is no longer available, the appeal is moot for that further reason as well, and no exception to the mootness doctrine applies herein (see People ex rel. Cooper v. New York State Div. of Parole, 286 A.D.2d 792; People ex rel. Faison v. Travis, 277 A.D.2d 916, lv denied 96 N.Y.2d 705).