ACKRIDGE, RONALD v. SHEAHAN, MICHAEL

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 28, 2014
• Docket: KAH 13-00283
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

235 KAH 13-00283 PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND SCONIERS, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. RONALD ACKRIDGE, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY AND NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.

CHARLES J. GREENBERG, AMHERST, FOR PETITIONER-APPELLANT.

Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered November 20, 2012 in a habeas corpus proceeding. The judgment denied and dismissed the petition.

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

Memorandum: On appeal from a judgment denying his petition for a writ of habeas corpus, petitioner contends that his right to due process was violated because, following sentencing, he was not transferred to the Willard Drug Treatment Facility in a timely manner. While this appeal was pending, however, petitioner was released to parole supervision, thus rendering this habeas proceeding moot (see People ex rel. Baron v New York State Dept. of Corr., 94 AD3d 1410, 1410, lv denied 19 NY3d 807). Contrary to petitioner’s contention, this case does not fall within the exception to the mootness doctrine (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715). The appeal is therefore dismissed.

Entered: March 28, 2014 Frances E. Cafarell Clerk of the Court