| People ex rel. Robinson v Annucci |
| 2021 NY Slip Op 06527 [199 AD3d 1495] |
| November 19, 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. Tasheen Robinson,
Appellant, v Anthony J. Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent, et al., Respondent. |
The Legal Aid Bureau of Buffalo Inc., Buffalo (Jane I. Yoon of counsel), for petitioner-appellant.
Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Cattaraugus County (Terrence M. Parker, A.J.), entered August 20, 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. Phillips v New York State Dept. of Corr. & Community Supervision, 196 AD3d 1070, 1070 [4th Dept 2021]; People ex rel. Houston v Annucci, 141 AD3d 1111, 1111 [4th Dept 2016]), and the exception to the mootness doctrine does not apply in this case (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). While 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 of this case (see generally People ex rel. Stokes v New York State Div. of Parole, 144 AD3d 1550, 1551 [4th Dept 2016], lv denied 28 NY3d 915 [2017]). Present—Smith, J.P., Carni, NeMoyer, Curran and Bannister, JJ.