| People ex rel. Moore v Lempke |
| 2012 NY Slip Op 08940 [101 AD3d 1665] |
| December 21, 2012 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of The State of New York ex rel. Kenneth Moore, Appellant, v John Lempke, Superintendent, Five Points Correctional Facility, et al., Respondents. |
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Eric T. Schneiderman, Attorney General, Albany (Zainab A. Chaudhry of counsel), for
respondents-respondents.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered July 14, 2011 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, 951 [2009], lv denied 12 NY3d 711 [2009]). Contrary to petitioner's contention, no exception to the mootness doctrine is present under the circumstances of this case (see id.; People ex rel. Limmer v McKinney, 23 AD3d 806, 807 [2005]). Present—Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.