ANDERSON, WILLIAM v. JAMES, RANDY

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 6, 2015
• Docket: KAH 13-00495
• Status: Published

Opinion

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

119 KAH 13-00495 PRESENT: SCUDDER, P.J., SMITH, VALENTINO, WHALEN, AND DEJOSEPH, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. WILLIAM ANDERSON, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

RANDY JAMES, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

GENESEE VALLEY LEGAL AID, INC., GENESEO (JEANNIE D. MICHALSKI OF COUNSEL), FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARTIN A. HOTVET OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Livingston County (Robert B. Wiggins, A.J.), entered December 13, 2012 in a habeas corpus proceeding. The judgment denied 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. While this appeal was pending, however, petitioner was released to parole supervision, and thus this appeal has been rendered moot (see People ex rel. Moore v Lempke, 101 AD3d 1665, 1665-1666, lv denied 20 NY3d 863). The exception to the mootness doctrine does not apply (see People ex rel. Baron v New York State Dept. of Corr., 94 AD3d 1410, 1410, lv denied 19 NY3d 807; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).

Entered: February 6, 2015 Frances E. Cafarell Clerk of the Court