People ex rel. Lashway v Wenderlich

2014 NY Slip Op 04540 [118 AD3d 1199]

June 19, 2014

Appellate Division, Third Department

As corrected through Wednesday, July 30, 2014

[*1]

The People of the State of New York ex rel. StevenLashway, Appellant, v Steven Wenderlich, as Superintendent of Southport CorrectionalFacility, Respondent.

Steven Lashway, Pine City, appellant pro se.

Appeal from a judgment of the Supreme Court (Hayden, J.), entered June 28, 2013 inChemung County, which denied petitioner's application for a writ of habeas corpus, in aproceeding pursuant to CPLR article 70, without a hearing.

In 1990, petitioner was convicted of three counts of rape in the second degree andwas sentenced to 101/2 to 21 years in prison as a second felony offender(People v Lashway, 187 AD2d 747 [1992], lv denied 81 NY2d 842[1993]). He was paroled in 2007 and civilly confined (Matter of State of New York vLashaway, 100 AD3d 1372 [2012], lv denied 20 NY3d 861 [2013]).Petitioner was subsequently convicted in 2008 of assault in the third degree and receiveda sentence of one year in jail. Thereafter, his parole was revoked and he wasreincarcerated on the 1990 convictions. In June 2013, petitioner commenced this habeascorpus proceeding contending that his commitment had expired. Supreme Court deniedpetitioner's application and he now appeals.

During the pendency of this appeal, petitioner was released from the custody of theDepartment of Corrections and Community Supervision, having reached the maximumexpiration date of his sentence. Accordingly, this appeal is moot (see People ex rel. VanGuilder vFischer, 79 AD3d 1499, 1499 [2010]; People ex rel. Brown v LaClair, 74 AD3d 1642, 1643[2010]).

Peters, P.J., Lahtinen, Stein, Rose and Devine, JJ., concur. Ordered that the appeal isdismissed, as moot, without costs.