People ex rel. Hogenauer v. Jacobson

Appellate Division of the Supreme Court of New York

People ex rel. Hogenauer v. Jacobson

234 A.D.2d 89, 651 N.Y.S.2d 298, 1996 N.Y. App. Div. LEXIS 12412

Appellate Division of the Supreme Court of the State of New York·Decided December 10, 1996·Published

Opinion

—Appeal from judgment, Supreme Court, New York County (George Roberts, J.), entered July 17, 1995, which denied the application for a writ of habeas corpus and dismissed the proceeding, unanimously dismissed as moot, without costs.

[90]*90Inasmuch as relator is no longer in custody, this habeas corpus proceeding has been rendered moot (see, People ex rel. Doggett v Levy, 201 AD2d 261, appeal dismissed 83 NY2d 847, 905). We decline to reach the merits of the appeal since this case does not fall within any exceptions to the "mootness doctrine” (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707). Concur—Milonas, J. P., Ellerin, Rubin, Kupferman and Nardelli, JJ.

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—Appeal from judgment, Supreme Court, New York County (George Roberts, J.), entered July 17, 1995, which denied the application for a writ of habeas corpus and dismissed the proceeding, unanimously dismissed as moot, without costs.

[90]*90Inasmuch as relator is no longer in custody, this habeas corpus proceeding has been rendered moot (see, People ex rel. Doggett v Levy, 201 AD2d 261, appeal dismissed 83 NY2d 847, 905). We decline to reach the merits of the appeal since this case does not fall within any exceptions to the "mootness doctrine” (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707). Concur—Milonas, J. P., Ellerin, Rubin, Kupferman and Nardelli, JJ.

People ex rel. Hogenauer v. Jacobson, 234 A.D.2d 89, 651 N.Y.S.2d 298, 1996 N.Y. App. Div. LEXIS 12412 (N.Y. Ct. App. 1996).

Pincite

234 A.D.2d 89 (People ex rel. Hogenauer v. Jacobson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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