THE PEOPLE OF THE STATE OF NEW YORK EX REL JOHN VANILLE PETITIONER RESPONDENT v. <<

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

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOHN D. VANILLE, PETITIONER-RESPONDENT, v.

KAH 09-01010

Decided: March 25, 2011

PRESENT:  SMITH, J.P., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ. ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENTS-APPELLANTS. EMMETT J. CREAHAN, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, BUFFALO (VICKY L. VALVO OF COUNSEL), FOR PETITIONER-RESPONDENT.

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,

RESPONDENTS-APPELLANTS.

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