Robert S. Dean, Center for Appellate Litigation, New York City (Alexandra L. Mitter of counsel), for petitioner-appellant.

Letitia James, Attorney General, Albany (Sarah L. Rosenbluth of counsel), for respondents-respondents.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (David A. Murad, J.), entered May 1, 2020, in a habeas corpus proceeding. The judgment granted the motion of respondents to dismiss the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus on behalf of Ira Goldberg, who was incarcerated at Marcy Correctional Facility at the time the petition was filed. Petitioner alleged that, due to Goldberg's age and preexisting medical conditions, his incarceration placed him at heightened risk of serious illness or death from COVID-19. Respondents moved to dismiss the petition for failure to state a cause of action, and Supreme Court granted the motion. Petitioner appeals.

Goldberg died after oral argument of this appeal, but prior to this Court's decision. The substantive relief sought in the petition was a judgment directing Goldberg's immediate release from prison. Thus, Goldberg's death renders the appeal moot, and no exception to the mootness doctrine applies (see generally People ex rel. Peterson v LeConey, 122 AD3d 1299, 1299 [4th Dept 2014], lv denied 24 NY3d 916 [2015]). Present—Peradotto, J.P., Carni, Lindley, Curran and Bannister, JJ.