THE PEOPLE OF THE STATE OF NEW YORK EX REL KENNETH MOORE PETITIONER APPELLANT v. JOHN LEMPKE SUPERINTENDENT FIVE POINTS CORRECTIONAL FACILITY AND ANDREA EVANS CHAIRWOMAN NEW YORK STATE DIVISION OF PAROLE RESPONDENTS RESPONDENTS

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

THE PEOPLE OF THE STATE OF NEW YORK EX REL. KENNETH MOORE, PETITIONER–APPELLANT, v. JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, AND ANDREA EVANS, CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS–RESPONDENTS.

KAH 11–01927

Decided: December 21, 2012

PRESENT:  SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ. CHARLES J. GREENBERG, AMHERST, FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ZAINAB A. CHAUDHRY OF COUNSEL), FOR RESPONDENTS–RESPONDENTS.

MEMORANDUM AND ORDER

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

Memorandum:  This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Hampton v. Dennison, 59 AD3d 951, 951, lv denied 12 NY3d 711).   Contrary to petitioner's contention, no exception to the mootness doctrine is present under the circumstances of this case (see id.;  People ex rel. Limmer v McKinney, 23 AD3d 806, 807).

Frances E. Cafarell

Clerk of the Court