People ex rel. Graham v Fischer

2010 NY Slip Op 01169 [70 AD3d 1381]

February 11, 2010

Appellate Division, Fourth Department

As corrected through Wednesday, March 31, 2010

The People of the State of New York ex rel. Frank Graham,Appellant, v Brian Fischer, Commissioner, New York State Department of CorrectionalServices, et al., Respondents.

—[*1]Wyoming County-Attica Legal Aid Bureau, Warsaw (Norman P. Effman of counsel),for petitioner-appellant.

Appeal from a judgment (denominated order and judgment) of the Supreme Court,Livingston County (Robert B. Wiggins, A.J.), entered July 16, 2008 in a habeas corpusproceeding. The judgment dismissed the petition.

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

Memorandum: This appeal by petitioner from the judgment dismissing his petition for a writof habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Mitchell v Unger, 63AD3d 1591 [2009]; People ex rel. Cooper v New York State Div. of Parole, 286AD2d 792 [2001]), and the exception to the mootness doctrine does not apply herein (see People ex rel. Hampton vDennison, 59 AD3d 951 [2009], lv denied 12 NY3d 711 [2009]).Present—Smith, J.P., Carni, Pine and Gorski, JJ.