THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOHN D. VANILLE, PETITIONER-RESPONDENT, v.
MEMORANDUM AND ORDER
SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY,
NEW YORK STATE DEPARTMENT OF CORRECTIONAL
SERVICES, NEW YORK STATE DIVISION OF PAROLE
AND NEW YORK STATE ATTORNEY GENERAL,
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Respondents appeal from a judgment granting the petition seeking a writ of habeas corpus with respect to petitioner's civil commitment pursuant to Mental Hygiene Law article 10. We conclude that the appeal must be dismissed as moot. Here, there is no pending action that would provide a legal basis upon which petitioner may be detained, and thus “the rights of the parties cannot be affected by the determination of this appeal” (Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714; see generally People ex rel. Hampton v Dennison, 59 AD3d 951, lv denied 12 NY3d 711; People ex rel. Cook v. Leonardo, 271 A.D.2d 773). We further conclude that this appeal does not fall within the exception to the mootness doctrine (see generally Hearst, 50 N.Y.2d at 714-715).
Patricia L. Morgan
Clerk of the Court