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THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANTHONY CAMPOLITO, PETITIONER-APPELLANT, v. KEVIN HALE, SUPERINTENDENT, ORLEANS COUNTY JAIL AND NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment vacating a writ of habeas corpus and dismissing his petition. This appeal has been rendered moot by petitioner's re-release to parole supervision (see People ex rel. Hampton v. Dennison, 59 AD3d 951, lv denied 12 NY3d 711; People ex rel. Alexander v. Walsh, 303 A.D.2d 1015, lv denied 100 N.Y.2d 505). In any event, petitioner's contentions with respect to the preliminary parole revocation hearing are rendered moot by the determination following the final parole revocation, at which petitioner admitted that he violated conditions of his parole (see Alexander, 303 A.D.2d 1015). No exception to the mootness doctrine applies herein (see id.; see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715).
Patricia L. Morgan
Clerk of the Court
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Docket No: KAH 08-02380
Decided: February 11, 2010
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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