People Ex Rel. Fox Ex Rel. Martinez-Jacquez v. Ponte

2017 NY Slip Op 4571, 151 A.D.3d 502, 53 N.Y.S.3d 544

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 8, 2017
• Docket: 4225 451658/16
• Status: Published

Opinion

Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered on or about September 8, 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 challenge to a bail court’s refusal, on the ground of insufficient collateral, to approve a bail bond is moot because the bail court has entered a subsequent order that increased the amount of bail, and rendered the prior bond inapplicable. We do not find that an exception to the mootness doctrine should apply (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Furthermore, because the existence of the superseding order would make it impossible to grant petitioner immediate release, habeas corpus relief would not be available (see People ex rel. Douglas v Vincent, 50 NY2d 901 [1980]).

Concur — Friedman, J.P., Gische, Kapnick, Kahn and Gesmer, JJ.