| People ex rel. Brown v LaClair |
| 2010 NY Slip Op 05615 [74 AD3d 1642] |
| June 24, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Michael Brown,Appellant, v Darwin E. LaClair, as Superintendent of Franklin Correctional Facility,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 15, 2009 inFranklin County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 70, without a hearing.
In 1994, petitioner was sentenced as a second felony offender to a prison term of 7½ to15 years upon his conviction of burglary in the second degree. Petitioner thereafter commencedthis habeas corpus proceeding contending that the Department of Correctional Services erred intreating his 1994 sentence as running consecutively to his prior undischarged term. SupremeCourt dismissed petitioner's application, finding that the sentencing calculation was proper underPeople ex rel. Gill v Greene (12NY3d 1, 4 [2009], cert denied sub nom. Gill v Rock, 558 US —, 130 S Ct 86[2009]), and this appeal ensued.
The Attorney General advises this Court that petitioner was released from custody on April21, 2009, having reached the maximum expiration date of his sentence. Accordingly, this appealis moot (see People ex rel. Kato vWarden, Rikers Is. Correctional Facility, 52 AD3d 320, 321 [2008]; Matter ofEllington v Senkowski, 306 AD2d 662 [2003]).[*2]
Mercure, J.P., Lahtinen, Kavanagh, McCarthy and EganJr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.