People ex rel. Baron v. New York State Department of Corrections
This text of 94 A.D.3d 1410 (People ex rel. Baron v. New York State Department of Corrections) 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
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 [2010]; People ex rel. Mitchell v Unger, 63 AD3d 1591 [2009]; People ex rel. Hampton v Dennison, 59 AD3d 951 [2009] , lv denied 12 NY3d 711 [2009]), 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 [1980]). Present— Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.
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Cite This Page — Counsel Stack
94 A.D.3d 1410, 942 N.Y.S.2d 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-baron-v-new-york-state-department-of-corrections-nyappdiv-2012.