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People ex rel. Moore v. Lempke

101 A.D.3d 1665 Court N.Y. App. Div. Decision date 2012-12-21 English

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p. 1665
The People of The State of New York ex rel. Kenneth Moore, Appellant, v John Lempke, Superintendent, Five Points Correctional Facility, et al., Respondents.
[955 NYS2d 787]

Memorandum: This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been

p. 1666
rendered moot by his release to parole supervision (see People ex rel. Hampton v Dennison, 59 AD3d 951 , 951 [2009], lv denied 12 NY3d 711 [2009]). Contrary to petitioner’s contention, no exception to the mootness doctrine is present under the circumstances of this case (see id.; People ex rel. Dimmer v McKinney, 23 AD3d 806 , 807 [2005]). Present — Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.