| People ex rel. Peterson v LeConey |
| 2014 NY Slip Op 07823 [122 AD3d 1299] |
| November 14, 2014 |
| 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. Rene Peterson, Appellant, v Patricia E. LeConey, as Superintendent of Cape Vincent Correctional Facility, Respondent. |
Charles J. Greenberg, Amherst, for petitioner-appellant.
Eric T. Schneiderman, Attorney General, Albany (Owen Demuth of counsel), for respondent-respondent.
Appeal from a judgment of the Supreme Court, Jefferson County (James P. McClusky, J.), entered September 24, 2012 in a habeas corpus proceeding. The judgment denied the petition.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment that denied 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. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410 [2012], lv denied 19 NY3d 807 [2012]), 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 [1980]). Under the circumstances of this case, we decline to exercise our power to convert the habeas corpus proceeding into a CPLR article 78 proceeding (see People ex rel. Keyes v Khahaifa, 101 AD3d 1665, 1665 [2012], lv denied 20 NY3d 862 [2013]). Present—Smith, J.P., Peradotto, Carni, Valentino and Whalen, JJ.