| People ex rel. Moore v Stallone |
| 2017 NY Slip Op 04987 [151 AD3d 1839] |
| June 16, 2017 |
| 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. James Moore, Appellant, v David Stallone, Superintendent, Cayuga Correctional Facility, Respondent. |
Williams Heinl Moody Buschman, P.C., Auburn (Mario J. Gutierrez of counsel), for petitioner-appellant.
Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered May 8, 2015 in a habeas corpus proceeding. The judgment dismissed the petition.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment dismissing 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. Yourdon v Semrau, 133 AD3d 1351, 1351 [2015]), and the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present—Centra, J.P., Peradotto, Carni, NeMoyer and Curran, JJ.