THE PEOPLE OF THE STATE OF NEW YORK EX REL JASMINE VALENTIN PETITIONER APPELLANT v. ANTHONY ANNUCCI ACTING COMMISSIONER NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND SHERYL ZENZEN SUPERINTENDENT ALBION CORRECTIONAL FACILITY RESPONDENTS RESPONDENTS (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JASMINE VALENTIN, PETITIONER–APPELLANT, v. ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND SHERYL ZENZEN, SUPERINTENDENT, ALBION CORRECTIONAL FACILITY, RESPONDENTS–RESPONDENTS.

KAH 16–00853

Decided: March 16, 2018

PRESENT: WHALEN, P.J., SMITH, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BENJAMIN L. NELSON OF COUNSEL), FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JEFFREY W. LANG OF COUNSEL), FOR RESPONDENTS–RESPONDENTS.

MEMORANDUM AND ORDER

ALEXANDER A. REINERT, NEW YORK CITY, FOR THE PEOPLE OF THE STATE OF NEW YORK EX REL. JASMINE VALENTIN, AMICUS CURIAE.

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

Memorandum: Petitioner appeals from a judgment dismissing her petition for a writ of habeus corpus. The appeal has been rendered moot by petitioner's release to parole supervision (see People ex rel. Moore v. Stallone, 151 AD3d 1839, 1839 [4th Dept 2017]; People ex rel. Yourdon v. Semrau, 133 AD3d 1351, 1351 [4th Dept 2015] ), and the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715 [1980] ).

Mark W. Bennett

Clerk of the Court

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