People ex rel. Mitchell v Unger

2009 NY Slip Op 04520 [63 AD3d 1591]

June 5, 2009

Appellate Division, Fourth Department

As corrected through Wednesday, August 5, 2009

The People of the State of New York ex rel. Ervin Mitchell,Appellant, v David Unger, Superintendent, Orleans Correctional Facility,Respondent.

—[*1]Tully Rinckey PLLC, Albany (Kiley D. Scott of counsel), for petitioner-appellant.Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), forrespondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (JamesP. Punch, A.J.), entered September 28, 2007 in a habeas corpus proceeding. The judgmentdismissed the 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. Hampton vDennison, 59 AD3d 951 [2009]), and the exception to the mootness doctrine does notapply herein (see id.). Present—Scudder, P.J., Hurlbutt, Peradotto, Green andGorski, JJ.