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THE PEOPLE OF THE STATE OF NEW YORK EX REL. JUSTICE GREEN, PETITIONER–APPELLANT, v. BRANDON SMITH, SUPERINTENDENT, MID–STATE CORRECTIONAL FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, 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 to parole supervision (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410, lv denied 19 NY3d 807; People ex rel. Graham v. Fischer, 70 AD3d 1381, 1381–1382), and the exception to the mootness doctrine does not apply herein (see Baron, 94 AD3d at 1410; Graham, 70 AD3d at 1381–1382; see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715). While this Court has the power to convert the habeas corpus proceeding into a CPLR article 78 proceeding, we decline to do so under the circumstances of this case (see People ex rel. Keyes v. Khahaifa, 101 AD3d 1665, 1665, lv denied 20 NY3d 862).
Frances E. Cafarell
Clerk of the Court
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Docket No: KAH 14–00170
Decided: July 11, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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