People ex rel. Green v. Smith — 119 A.D.3d 1451

Majority

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The People of the State of New York ex rel. Justice Green, Appellant, v Brandon Smith, Superintendent, Mid-State Correctional Facility, et al., Respondents.

[989 NYS2d 416]

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (Erin E Gall, J.), entered April 9, 2013 in a habeas corpus proceeding. The judgment denied the petition.

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

Memorandum: Petitioner’s appeal from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410 , 1410 [2012], lv denied 19 NY3d 807 [2012]; People ex rel. Graham v Fischer, 70 AD3d 1381 , 1381-1382 [2010]), and the exception to the mootness doctrine does not apply herein (see Baron, 94 AD3d at 1410 ; Graham, 70 AD3d at 1381-1382 ; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714-715

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[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 People ex rel. Keyes v Khahaifa, 101 AD3d 1665 , 1665 [2012], lv denied 20 NY3d 862 [2013]).

Present — Scudder, PJ., Smith, Peradotto, Sconiers and Whalen, JJ.

Cases cited

People ex rel. Graham v. Fischer 70 AD3d 1381 N.Y. App. Div. 2010-02-11 at 1381-1382 p. 1451
Hearst Corp. v. Clyne 50 NY2d 707 N.Y. 1980-07-03 at 714-715 p. 1451