PEOPLE BURKE v. WILLIAMS (2000)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York ex rel. Patrick T. BURKE, Petitioner-Appellant, v. Melvin WILLIAMS, Superintendent, Gowanda Correctional Facility, and Glenn S. Goord, Commissioner, New York State Department of Correctional Services, Respondents-Respondents.

Decided: December 27, 2000

PRESENT: HAYES, J.P., HURLBUTT, SCUDDER, KEHOE and LAWTON, JJ.

David B. Cotter, Williamsville, for petitioner-appellant. Marcus J. Mastracco, Albany, for respondents-respondents.

Petitioner appeals from a judgment denying his petition for a writ of habeas corpus. Petitioner sought to prevent his transfer to Pennsylvania pursuant to that State's request for temporary custody made under the Interstate Agreement on Detainers (see, CPL 580.20). This appeal has been rendered moot by the transfer of petitioner to Pennsylvania (see, People ex rel. Matthews v. Sullivan, 165 A.D.2d 889, 890, 561 N.Y.S.2d 141, lv. denied 76 N.Y.2d 715, 565 N.Y.S.2d 766, 566 N.E.2d 1171), and petitioner's contentions do not fall within the exception to the mootness doctrine (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715, 431 N.Y.S.2d 400, 409 N.E.2d 876).

Appeal unanimously dismissed without costs.

MEMORANDUM:

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