REYNOLDS, LAMONT v. ARTUS, DALE

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 8, 2013
• Docket: KAH 11-02187
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 41 KAH 11-02187 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. LAMONT REYNOLDS, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.

ROBERT M. GOLDSTEIN, BUFFALO, FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ZAINAB A. CHAUDHRY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Christopher J. Burns, J.), entered September 27, 2011 in a habeas corpus proceeding. The judgment dismissed the petition.

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

Memorandum: Petitioner’s appeal from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot inasmuch as he reached the maximum expiration date of his sentence and was released from custody on May 18, 2012 (see People ex rel. Kent v New York State Div. of Parole, 87 AD3d 1205, 1206; People ex rel. Brown v LaClair, 74 AD3d 1642, 1643; People ex rel. Dickerson v Unger, 62 AD3d 1262, 1263, lv denied 12 NY3d 716), and none of the issues raised herein fall within the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715; see generally Dickerson, 62 AD3d at 1263; People ex rel. Faison v Travis, 277 AD2d 916, 916, lv denied 96 NY2d 705).

Entered: February 8, 2013 Frances E. Cafarell Clerk of the Court