People ex rel. Mitchell v. Unger

Appellate Division of the Supreme Court of New York

People ex rel. Mitchell v. Unger

63 A.D.3d 1591, 879 N.Y.S.2d 761

Appellate Division of the Supreme Court of the State of New York·Decided June 5, 2009·Published·Cited by 13 cases

Opinion

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered September 28, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.

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

Memorandum: This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Hampton v Dennison, 59 AD3d 951 [2009]), and the exception to the mootness doctrine does not apply herein (see id.). Present—Scudder, EJ., Hurlbutt, Feradotto, Green and Gorski, JJ.

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Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered September 28, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.

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

Memorandum: This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Hampton v Dennison, 59 AD3d 951 [2009]), and the exception to the mootness doctrine does not apply herein (see id.). Present—Scudder, EJ., Hurlbutt, Feradotto, Green and Gorski, JJ.

People ex rel. Mitchell v. Unger, 63 A.D.3d 1591, 879 N.Y.S.2d 761 (N.Y. Ct. App. 2009).

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