THE PEOPLE OF THE STATE OF NEW YORK EX REL FRANK GRAHAM PETITIONER APPELLANT v. BRIAN FISCHER COMMISSIONER NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AND MALCOLM CULLY SUPERINTENDENT LIVINGSTON CORRECTIONAL FACILITY RESPONDENTS RESPONDENTS (2010)

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

THE PEOPLE OF THE STATE OF NEW YORK EX REL. FRANK GRAHAM, PETITIONER-APPELLANT, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS.

KAH 08-01977

Decided: February 11, 2010

PRESENT: SMITH, J.P., CARNI, PINE, AND GORSKI, JJ.

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (NORMAN P. EFFMAN OF COUNSEL), FOR PETITIONER-APPELLANT.

MEMORANDUM AND ORDER

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

Memorandum: This appeal by petitioner 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. Mitchell v. Unger, 63 AD3d 1591; People ex rel. Cooper v New York State Div. of Parole, 286 A.D.2d 792), and the exception to the mootness doctrine does not apply herein (see People ex rel. Hampton v. Dennison, 59 AD3d 951, lv denied 12 NY3d 711).

Patricia L. Morgan

Clerk of the Court

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