People ex rel. Briecke v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

People ex rel. Briecke v. New York State Department of Correctional Services

107 A.D.3d 1459, 965 N.Y.S.2d 912

Appellate Division of the Supreme Court of the State of New York·Decided June 7, 2013·Published

Opinion

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 6, 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 by his release to parole supervision (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410 [2012], lv denied 19 NY3d 807 [2012]; People ex rel. Kendricks v Smith, 52 AD2d 1090, 1090 [1976]), and the exception to the mootness doctrine does not apply (see Baron, 94 AD3d at 1410; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present — Scudder, P.J., Smith, Centra and Lindley, JJ.

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Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 6, 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 by his release to parole supervision (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410 [2012], lv denied 19 NY3d 807 [2012]; People ex rel. Kendricks v Smith, 52 AD2d 1090, 1090 [1976]), and the exception to the mootness doctrine does not apply (see Baron, 94 AD3d at 1410; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present — Scudder, P.J., Smith, Centra and Lindley, JJ.

People ex rel. Briecke v. New York State Department of Correctional Services, 107 A.D.3d 1459, 965 N.Y.S.2d 912 (N.Y. Ct. App. 2013).

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Opinion

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