People ex rel. Hampton v Dennison

2009 NY Slip Op 00767 [59 AD3d 951]

February 6, 2009

Appellate Division, Fourth Department

As corrected through Wednesday, April 1, 2009

The People of the State of New York ex rel. Franklin Joel ThomasHampton, Jr., Appellant, v Robert Dennison, Chairman, New York State Division of Parole,Respondent.

—[*1]D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), forpetitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), forrespondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Wayne County (John B.Nesbitt, A.J.), entered October 11, 2007 in a habeas corpus proceeding. The judgment dismissedthe petition.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: This appeal by petitioner from a judgment dismissing his petition seeking awrit of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Limmer vMcKinney, 23 AD3d 806 [2005]). Contrary to petitioner's contention, the exception tothe mootness doctrine does not apply here (see id.; People ex rel. Alexander vWalsh, 303 AD2d 1015 [2003], lv denied 100 NY2d 505 [2003]; see generallyMatter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present—Martoche,J.P., Fahey, Green and Pine, JJ.