| People ex rel. Kneitel v Warden, Rikers Is. Corr.Facility |
| 2013 NY Slip Op 01574 [104 AD3d 795] |
| March 13, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York ex rel. Jared Kneitel,on Behalf of Daniel McFadden, Petitioner, v Warden, Rikers Island CorrectionalFacility, Respondent. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Joyce Slevin,and Katherine Latawiec of counsel), for respondent.
Writ of habeas corpus in the nature of an application pursuant to CPL 170.70 torelease the defendant in a criminal action entitled People v McFadden, pendingin the Supreme Court, Kings County, under S.C.I. No. 102020/12. Motion by thepetitioner to strike the respondent's papers filed in response to the writ of habeas corpus.
Upon the papers filed in support of the motion and the papers filed in oppositionthereto, it is
Ordered that the motion is denied; and it is further
Adjudged that the writ is dismissed, as academic, without costs or disbursements.
As the petitioner concedes, the arguments raised in connection with this writ ofhabeas corpus have been rendered academic because the criminal charges against thepetitioner have been dismissed and he has been released from custody. Furthermore,review of the issues raised by the petitioner is not warranted under any exception to themootness doctrine (see Matterof Town of Riverhead v Central Pine Barrens Joint Planning & Policy Commn., 71AD3d 679 [2010]; Matterof Paraskevopoulos v Stavropoulos, 65 AD3d 1153 [2009]; Funderburke v New York StateDept. of Civ. Serv., 49 AD3d 809 [2008]). Eng, P.J., Rivera, Leventhal andMiller, JJ., concur.