People ex rel. Moore v. Stallone — 151 A.D.3d 1839

Majority

p. 1839

The People of the State of New York ex rel. James Moore, Appellant, v David Stallone, Superintendent, Cayuga Correctional Facility, Respondent.

[54 NYS3d 349]

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered May 8, 2015 in a ha-beas 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 to parole supervision (see People ex rel. Yourdon v Semrau, 133 AD3d 1351 , 1351 [2015]), and the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714-715 [1980]).

Present — Centra, J.P., Peradotto, Carni, NeMoyer and Curran, JJ.

Cases cited

Hearst Corp. v. Clyne 50 NY2d 707 N.Y. 1980-07-03 at 714-715 p. 1839