Majority
p. 1322The People of the State of New York ex rel. Ronald Ackridge, Appellant, v Michael Sheahan, Superintendent, Five Points Correctional Facility, et al., Respondents. [982 NYS2d 803]
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered November 20, 2012 in a habeas corpus proceeding. The judgment denied and dismissed the petition.
It is hereby ordered that said appeal is unanimously dismissed without costs.
p. 1323
Memorandum: On appeal from a judgment denying his petition for a writ of habeas corpus, petitioner contends that his right to due process was violated because, following sentencing, he was not transferred to the Willard Drug Treatment Facility in a timely manner. While this appeal was pending, however, petitioner was released to parole supervision, thus rendering this habeas proceeding moot (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410 , 1410 [2012], lv denied 19 NY3d 807 [2012]). Contrary to petitioner’s contention, this case does not fall within the exception to the mootness doctrine (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714-715 [1980]). The appeal is therefore dismissed.
Present — Scudder, EJ., Smith, Carni, Lindley and Sconiers, JJ.
Cases cited
- Hearst Corp. v. Clyne 50 NY2d 707 at 714-715 p. 1323