BARON, ANDRIQUE v. NEW YORK STATE DEPT. OF CORRECTIONS

Appellate Division of the Supreme Court of New York

BARON, ANDRIQUE v. NEW YORK STATE DEPT. OF CORRECTIONS

Appellate Division of the Supreme Court of the State of New York·Decided April 20, 2012·No. KAH 11-01076·Published

Opinion

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

413 KAH 11-01076 PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANDRIQUE BARON, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND EKPE D. EKPE, SUPERINTENDENT, WATERTOWN CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS.

KATHLEEN P. REARDON, ROCHESTER, FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ZAINAB A. CHAUDHRY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered October 19, 2010 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition.

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

Memorandum: Inasmuch as he has been released to parole supervision, this appeal by petitioner from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot (see People ex rel. Graham v Fischer, 70 AD3d 1381, 1381-1382; People ex rel. Mitchell v Unger, 63 AD3d 1591; People ex rel. Hampton v Dennison, 59 AD3d 951, lv denied 12 NY3d 711), and the exception to the mootness doctrine does not apply herein (see Graham, 70 AD3d at 1381-1382; Hampton, 59 AD3d at 951; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).

Entered: April 20, 2012 Frances E. Cafarell Clerk of the Court

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

413 KAH 11-01076 PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANDRIQUE BARON, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

NEW YORK STATE DEPARTMENT OF CORRECTIONS AND EKPE D. EKPE, SUPERINTENDENT, WATERTOWN CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS.

KATHLEEN P. REARDON, ROCHESTER, FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ZAINAB A. CHAUDHRY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered October 19, 2010 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition.

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

Memorandum: Inasmuch as he has been released to parole supervision, this appeal by petitioner from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot (see People ex rel. Graham v Fischer, 70 AD3d 1381, 1381-1382; People ex rel. Mitchell v Unger, 63 AD3d 1591; People ex rel. Hampton v Dennison, 59 AD3d 951, lv denied 12 NY3d 711), and the exception to the mootness doctrine does not apply herein (see Graham, 70 AD3d at 1381-1382; Hampton, 59 AD3d at 951; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).

Entered: April 20, 2012 Frances E. Cafarell Clerk of the Court

BARON, ANDRIQUE v. NEW YORK STATE DEPT. OF CORRECTIONS, (N.Y. Ct. App. 2012).

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