People Ex Rel. Moore v. Stallone

2017 NY Slip Op 4987, 151 A.D.3d 1839, 54 N.Y.S.3d 349

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 16, 2017
• Docket: 759 KAH 15-01228
• Status: Published

Opinion

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered May 8, 2015 in a ha-beas corpus proceeding. The judgment dismissed the petition.

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

Memorandum: Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus. The appeal has been rendered moot by petitioner’s release to parole supervision (see People ex rel. Yourdon v Semrau, 133 AD3d 1351, 1351 [2015]), and the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Present — Centra, J.P., Peradotto, Carni, NeMoyer and Curran, JJ.