| People ex rel. Cuccio v Racette |
| 2016 NY Slip Op 03228 [138 AD3d 1364] |
| April 28, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York ex rel. RoccoCuccio, Appellant, v Stephen Racette, as Superintendent of Clinton CorrectionalFacility, Respondent. |
Ellen O'Hara Woods, Blauvelt, for appellant.
Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), forrespondent.
Clark, J. Appeal from a judgment of the Supreme Court (Feldstein, J.), enteredAugust 22, 2014 in Clinton County, which dismissed petitioner's application for a writ ofhabeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
In October 2001, petitioner was sentenced to 15 years in prison upon his convictionof manslaughter in the first degree. The sentence did not include the required period ofpostrelease supervision and, as a result, petitioner was resentenced pursuant to Penal Law§ 70.85 to the originally imposed determinate sentence without any periodof postrelease supervision. Petitioner's conditional release date was March 4, 2014. He,however, declined conditional release because he would be subject to certain conditionsimposed by the Board of Parole until he reached the maximum expiration date of hissentence. Instead, he brought this application pursuant to CPLR article 70 for a writ ofhabeas corpus. Following joinder of issue, Supreme Court dismissed the applicationwithout a hearing and this appeal ensued.
Respondent has advised this Court that petitioner was conditionally released fromcustody in November 2014. In view of this, habeas corpus relief is no longer availableand the appeal must be dismissed as moot (see People ex rel. Barnes v Williams, 52 AD3d 1228, 1228[2008]; People ex rel. Graham v New York State Dept. of Corrections, 280AD2d 768, 768[*2][2001]).
McCarthy, J.P., Egan Jr., Rose and Devine, JJ., concur. Ordered that the appeal isdismissed, as moot, without costs.