THE PEOPLE OF THE STATE OF NEW YORK EX REL RENE PETERSON PETITIONER APPELLANT v. PATRICIA LECONEY SUPERINTENDENT CAPE VINCENT CORRECTIONAL FACILITY RESPONDENT RESPONDENT (2014)

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

THE PEOPLE OF THE STATE OF NEW YORK EX REL. RENE PETERSON, PETITIONER–APPELLANT, v. PATRICIA E. LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT–RESPONDENT.

KAH 13–00252

Decided: November 14, 2014

PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.

CHARLES J. GREENBERG, AMHERST, FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR RESPONDENT–RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Petitioner appeals from a judgment that denied his petition for a writ of habeas corpus. The appeal has been rendered moot by petitioner's 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), and the exception to the mootness doctrine does not apply (see id.; see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715). Under the circumstances of this case, we decline to exercise our power to convert the habeas corpus proceeding into a CPLR article 78 proceeding (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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