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THE PEOPLE OF THE STATE OF NEW YORK EX REL. UNIQUE SMITH, PETITIONER–APPELLANT, v. MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND ANDREA W. EVANS, CHAIRWOMAN, 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's appeal from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot by his release from custody upon reaching his maximum expiration date (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410, lv denied 19 NY3d 807; People ex rel. Kendricks v. Smith, 52 A.D.2d 1090, 1090). Contrary to petitioner's contention, the exception to the mootness doctrine does not apply, inasmuch as the alleged error he identifies on appeal is not likely to recur, the alleged error is not one typically evading review, and the appeal does not involve any substantial or novel issues (see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715).
Frances E. Cafarell
Clerk of the Court
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Docket No: KAH 12–02067
Decided: December 27, 2013
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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