KEYES, JAMES v. KHAHAIFA, SIBATU

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 21, 2012
• Docket: KAH 11-02008
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1307 KAH 11-02008 PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES KEYES, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

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

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PAUL GROENWEGEN OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), dated July 18, 2011 in a habeas corpus proceeding. The judgment dismissed the petition.

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

Memorandum: Petitioner’s appeal from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot inasmuch as he has been released to parole supervision (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410, lv denied 19 NY3d 807; see also People ex rel. Graham v Fischer, 70 AD3d 1381, 1381-1382), and the exception to the mootness doctrine does not apply herein (see Baron, 94 AD3d at 1410; Graham, 70 AD3d at 1382; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715). Moreover, “[a]lthough this Court has the power to convert a habeas corpus proceeding into a CPLR article 78 proceeding . . . , we decline to do so because we do not consider it appropriate on this record” (People ex rel. Brown v McCoy, 266 AD2d 805, 805, lv denied 94 NY2d 760).

Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court