| People ex rel. Williams v New York State Div. of Parole |
| 2018 NY Slip Op 00496 [157 AD3d 1170] |
| January 25, 2018 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York ex rel. Thomas Williams,
Appellant, v New York State Division of Parole, Respondent. |
Thomas Williams, Rochester, appellant pro se.
Appeal from a judgment of the Supreme Court (McDonough, J.), entered September 12, 2016 in Albany County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this proceeding for a writ of habeas corpus challenging his continued incarceration following the expiration of the time assessment period in connection with the revocation of his parole. Supreme Court denied the petition without a hearing and this appeal ensued. Inasmuch as petitioner has been released to parole supervision, the instant proceeding—wherein petitioner seeks an immediate release from state custody—is moot (People ex rel. Kim v Smith, 156 AD3d 1100 [2017]; see People ex rel. Lashway v Wenderlich, 118 AD3d 1199, 1200 [2014]).
Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.