| People ex rel. Phillips v New York State Dept. of Corr. & Community Supervision |
| 2021 NY Slip Op 04314 [196 AD3d 1070] |
| July 9, 2021 |
| 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. Clifton Phillips, Jr.,
Appellant, v New York State Department of Corrections and Community Supervision, Respondent. |
Wyoming County-Attica Legal Aid Bureau, Warsaw (Amber R. Poulos of counsel), for petitioner-appellant.
Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered January 13, 2020, 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 from custody (see People ex rel. Dickerson v Unger, 62 AD3d 1262, 1263 [4th Dept 2009], lv denied 12 NY3d 716 [2009]), and the exception to the mootness doctrine does not apply in this case (see People ex rel. Stokes v New York State Div. of Parole, 144 AD3d 1550, 1551 [4th Dept 2016], lv denied 28 NY3d 915 [2017]; People ex rel. Smith v Cully, 112 AD3d 1316, 1317 [4th Dept 2013], lv denied 22 NY3d 864 [2014]). Although this Court has the power to convert the habeas corpus proceeding into a CPLR article 78 proceeding, we decline to do so under the circumstances here (see Stokes, 144 AD3d at 1551). Present—Smith, J.P., Peradotto, Carni, NeMoyer and Winslow, JJ.