People ex rel. Briecke v. New York State Department of Correctional Services
This text of 107 A.D.3d 1459 (People ex rel. Briecke v. New York State Department of Correctional Services) 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 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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Cite This Page — Counsel Stack
107 A.D.3d 1459, 965 N.Y.S.2d 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-briecke-v-new-york-state-department-of-correctional-nyappdiv-2013.