Matter of People of the State of New York ex rel. Roth v. Ponte

Appellate Division of the Supreme Court of New York

Matter of People of the State of New York ex rel. Roth v. Ponte

2017 NY Slip Op 9261, 156 A.D.3d 579, 65 N.Y.S.3d 704

Appellate Division of the Supreme Court of the State of New York·Decided December 28, 2017·No. 5301 452444/16·Published·Cited by 1 cases

Opinion

Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered on or about December 19, 2016, denying the petition for a writ of habeas corpus and dismissing the proceeding brought pursuant to CPLR article 70, unanimously dismissed, without costs, as moot.

This habeas petition challenging the bail court’s refusal to approve a bail bond, on the ground of insufficient collateral, is concededly moot in light of petitioner’s subsequent guilty plea in the underlying case (see e.g. People ex rel. Mason v Warden, 138 AD3d 501 [1st Dept 2016]). We decline to apply an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]; see also People ex rel. Fox v Ponte, 151 AD3d 502 [1st Dept 2017], lv denied 30 NY3d 902 [2017]).

Concur—Friedman, J.P., Gische, Webber, Kahn and Singh, JJ.

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Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered on or about December 19, 2016, denying the petition for a writ of habeas corpus and dismissing the proceeding brought pursuant to CPLR article 70, unanimously dismissed, without costs, as moot.

This habeas petition challenging the bail court’s refusal to approve a bail bond, on the ground of insufficient collateral, is concededly moot in light of petitioner’s subsequent guilty plea in the underlying case (see e.g. People ex rel. Mason v Warden, 138 AD3d 501 [1st Dept 2016]). We decline to apply an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]; see also People ex rel. Fox v Ponte, 151 AD3d 502 [1st Dept 2017], lv denied 30 NY3d 902 [2017]).

Concur—Friedman, J.P., Gische, Webber, Kahn and Singh, JJ.

Matter of People of the State of New York ex rel. Roth v. Ponte, 2017 NY Slip Op 9261, 156 A.D.3d 579, 65 N.Y.S.3d 704 (N.Y. Ct. App. 2017).

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