People ex rel. Peterson v. LeConey — 122 A.D.3d 1299

Majority

p. 1299

The People of the State of New York ex rel. Rene Peterson, Appellant, v Patricia E. LeConey, as Superintendent of Cape Vincent Correctional Facility, Respondent.

[996 NYS2d 440]

Appeal from a judgment of the Supreme Court, Jefferson County (James E McClusky, J), entered September 24, 2012 in a habeas corpus proceeding. The judgment denied the petition.

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

Memorandum: Petitioner appeals from a judgment that denied his petition for a writ of habeas corpus. The appeal has been rendered moot by petitioner’s 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]), and the exception to the mootness doctrine does not apply (see id.-, see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714-715 [1980]). Under the circumstances of this case, we decline to exercise our power to convert the habeas corpus proceeding into

p. 1300

a CPLR article 78 proceeding (see People ex rel. Keyes v Khahaifa, 101 AD3d 1665 , 1665 [2012], lv denied 20 NY3d 862 [2013] ).

Present — Smith, J.P, Peradotto, Carni, Valentino and Whalen, JJ.

Cases cited

Hearst Corp. v. Clyne 50 NY2d 707 N.Y. 1980-07-03 at 714-715 p. 1299