People ex rel. McPherson v. Williams

Appellate Division of the Supreme Court of New York

People ex rel. McPherson v. Williams

71 A.D.3d 1599, 896 N.Y.S.2d 921

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 26, 2010

StatusPublished

This text of 71 A.D.3d 1599 (People ex rel. McPherson v. Williams) 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.

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People ex rel. McPherson v. Williams, 71 A.D.3d 1599, 896 N.Y.S.2d 921 (N.Y. Ct. App. 2010).

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Opinion

Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), dated February 2, 2009 in a habeas corpus proceeding. The judgment granted the petition and directed release of petitioner to parole supervision.

It is hereby ordered that said appeal is dismissed without costs.

Memorandum: Respondent appeals from a judgment granting the petition seeking a writ of habeas corpus and directing petitioner’s release to parole supervision. During the pendency of this appeal, however, petitioner’s parole was violated and petitioner is presently incarcerated. This appeal therefore has been rendered moot (see People ex rel. Maldonado v Williams, 67 AD3d 1328 [2009]), and the exception to the mootness doctrine does not apply (cf. Lindsay v New York State Bd. of Parole, 48 NY2d 883 [1979]; People ex rel. Frisbie v Hammock, 112 AD2d 721 [1985]).

All concur except Hurlbutt, J.P., who is not participating. Present—Hurlbutt, J.P., Martoche, Smith, Carni and Pine, JJ.

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Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), dated February 2, 2009 in a habeas corpus proceeding. The judgment granted the petition and directed release of petitioner to parole supervision.

It is hereby ordered that said appeal is dismissed without costs.

Memorandum: Respondent appeals from a judgment granting the petition seeking a writ of habeas corpus and directing petitioner’s release to parole supervision. During the pendency of this appeal, however, petitioner’s parole was violated and petitioner is presently incarcerated. This appeal therefore has been rendered moot (see People ex rel. Maldonado v Williams, 67 AD3d 1328 [2009]), and the exception to the mootness doctrine does not apply (cf. Lindsay v New York State Bd. of Parole, 48 NY2d 883 [1979]; People ex rel. Frisbie v Hammock, 112 AD2d 721 [1985]).

All concur except Hurlbutt, J.P., who is not participating. Present—Hurlbutt, J.P., Martoche, Smith, Carni and Pine, JJ.

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Bluebook (online)

71 A.D.3d 1599, 896 N.Y.S.2d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-mcpherson-v-williams-nyappdiv-2010.

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