People ex rel. Mitchell v Unger
2009 NY Slip Op 04520 [63 AD3d 1591]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


The People of the State of New York ex rel. Ervin Mitchell, Appellant, v David Unger, Superintendent, Orleans Correctional Facility, Respondent.

—[*1] Tully Rinckey PLLC, Albany (Kiley D. Scott of counsel), for petitioner-appellant. Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for respondent-respondent.

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, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.