Opinion
2014-06-19
The PEOPLE of the State of New York ex rel. Steven LASHWAY, Appellant, v. Steven WENDERLICH, as Superintendent of Southport Correctional Facility, Respondent.
Steven Lashway, Pine City, appellant pro se.
Appeal from a judgment of the Supreme Court (Hayden, J.), entered June 28, 2013 in Chemung County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
In 1990, petitioner was convicted of three counts of rape in the second degree and was sentenced to 10 1/2 to 21 years in prison as a second felony offender ( People v. Lashway, 187 A.D.2d 747, 589 N.Y.S.2d 687 [1992],lv. denied81 N.Y.2d 842, 595 N.Y.S.2d 741, 611 N.E.2d 780 [1993] ). He was paroled in 2007 and civilly confined (Matter of State of New York v. Lashway, 100 A.D.3d 1372, 953 N.Y.S.2d 434 [2012],lv. denied20 N.Y.3d 861, 964 N.Y.S.2d 84, 986 N.E.2d 918 [2013] ). Petitioner was subsequently convicted in 2008 of assault in the third degree and received a sentence of one year in jail. Thereafter, his parole was revoked and he was reincarcerated on the 1990 convictions. In June 2013, petitioner commenced this habeas corpus proceeding contending that his commitment had expired. Supreme Court denied petitioner's application and he now appeals.
During the pendency of this appeal, petitioner was released from the custody of the Department of Corrections and Community Supervision, having reached the maximum expiration date of his sentence. Accordingly, this appeal is moot ( see People ex rel. VanGuilder v. Fischer, 79 A.D.3d 1499, 1499, 912 N.Y.S.2d 464 [2010];People ex rel. Brown v. LaClair, 74 A.D.3d 1642, 1643, 902 N.Y.S.2d 457 [2010] ).
ORDERED that the appeal is dismissed, as moot, without costs. PETERS, P.J., LAHTINEN, STEIN, ROSE and DEVINE, JJ., concur.