WILLIAMS, JOSEPH v. CULLY, MALCOLM R.

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 7, 2014
• Docket: KAH 12-01964
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

76 KAH 12-01964 PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOSEPH WILLIAMS, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

CHARLES J. GREENBERG, AMHERST, FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from a judgment (denominated amended decision and order) of the Supreme Court, Erie County (M. William Boller, A.J.), entered September 17, 2012 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 by his release to parole supervision (see People ex rel. Baron v New York State Dept. of Corr., 94 AD3d 1410, 1410, lv denied 19 NY3d 807), and the exception to the mootness doctrine does not apply (see id.; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715). While this Court has the power to convert the habeas corpus proceeding into a CPLR article 78 proceeding, we decline to do so under the circumstances of this case (see People ex rel. Keyes v Khahaifa, 101 AD3d 1665, 1665, lv denied 20 NY3d 862).

Entered: February 7, 2014 Frances E. Cafarell Clerk of the Court