MOORE, KENNETH v. LEMPKE, JOHN
This text of MOORE, KENNETH v. LEMPKE, JOHN (MOORE, KENNETH v. LEMPKE, JOHN) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1308 KAH 11-01927 PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.
THE PEOPLE OF THE STATE OF NEW YORK EX REL. KENNETH MOORE, PETITIONER-APPELLANT,
V MEMORANDUM AND ORDER
JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, AND ANDREA EVANS, CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.
CHARLES J. GREENBERG, AMHERST, FOR PETITIONER-APPELLANT.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ZAINAB A. CHAUDHRY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered July 14, 2011 in a habeas corpus proceeding. The judgment dismissed the petition.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Hampton v Dennison, 59 AD3d 951, 951, lv denied 12 NY3d 711). Contrary to petitioner’s contention, no exception to the mootness doctrine is present under the circumstances of this case (see id.; People ex rel. Limmer v McKinney, 23 AD3d 806, 807).
Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court
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