THE PEOPLE OF THE STATE OF NEW YORK EX REL RONALD ACKRIDGE PETITIONER APPELLANT v. MICHAEL SHEAHAN SUPERINTENDENT FIVE POINTS CORRECTIONAL FACILITY AND NEW YORK STATE DIVISION OF PAROLE RESPONDENTS RESPONDENTS (2014)

MEMORANDUM AND ORDER

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

Memorandum:  On appeal from a judgment denying his petition for a writ of habeas corpus, petitioner contends that his right to due process was violated because, following sentencing, he was not transferred to the Willard Drug Treatment Facility in a timely manner.   While this appeal was pending, however, petitioner was released to parole supervision, thus rendering this habeas proceeding moot (see People ex rel. Baron v New York State Dept. of Corr., 94 AD3d 1410, 1410, lv denied 19 NY3d 807).   Contrary to petitioner's contention, this case does not fall within the exception to the mootness doctrine (see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715).   The appeal is therefore dismissed.

Frances E. Cafarell

Clerk of the Court