PEOPLE SCHOENWANDT v. TRAVIS (2005)

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

The PEOPLE of the State of New York ex rel. Frederick SCHOENWANDT, Appellant, v. Brion TRAVIS, as Chair of the Board of Parole, et al., Respondents.

Decided: November 10, 2005

Before: CARDONA, P.J., MERCURE, SPAIN, MUGGLIN and KANE, JJ.

Frederick Schoenwandt, Napanoch, appellant pro se. Eliot Spitzer, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.

Appeal from a judgment of the Supreme Court (Bradley, J.), entered February 17, 2005 in Ulster County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this habeas corpus proceeding challenging the calculation of his conditional release and maximum release dates as well as a parole revocation decision. Supreme Court dismissed the proceeding and this appeal ensued. During the pendency of this appeal, petitioner was conditionally released on parole. Inasmuch as petitioner is no longer in custody, the habeas corpus proceeding must be dismissed as moot (see People ex rel. Morales v. Campbell, 298 A.D.2d 740, 741, 748 N.Y.S.2d 525 [2002]; People ex rel. Graham v. New York State Dept. of Corrections, 280 A.D.2d 768, 719 N.Y.S.2d 908 [2001] ).

ORDERED that the appeal is dismissed, as moot, without costs.

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