People ex rel. Baron v New York State Dept. of Corrections
2012 NY Slip Op 02966 [94 AD3d 1410]
April 20, 2012
Appellate Division, Fourth Department
As corrected through Wednesday, May 23, 2012


The People of the State of New York ex rel. Andrique Baron,Appellant, v New York State Department of Corrections et al.,Respondents.

[*1]Kathleen P. Reardon, Rochester, for petitioner-appellant.

Eric T. Schneiderman, Attorney General, Albany (Zainab A. Chaudhry of counsel), forrespondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (HughA. Gilbert, J.), entered October 19, 2010 in a proceeding pursuant to CPLR article 70. Thejudgment dismissed the petition.

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

Memorandum: Inasmuch as he has been released to parole supervision, this appeal bypetitioner from the judgment dismissing his petition for a writ of habeas corpus has beenrendered moot (see People ex rel.Graham v Fischer, 70 AD3d 1381, 1381-1382 [2010]; People ex rel. Mitchell v Unger, 63AD3d 1591 [2009]; People ex rel.Hampton v Dennison, 59 AD3d 951 [2009], lv denied 12 NY3d 711 [2009]),and the exception to the mootness doctrine does not apply herein (see Graham, 70 AD3dat 1381-1382; Hampton, 59 AD3d at 951; see generally Matter of Hearst Corp. vClyne, 50 NY2d 707, 714-715 [1980]). Present—Scudder, P.J., Smith, Centra, Faheyand Peradotto, JJ.


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