THE PEOPLE OF THE STATE OF NEW YORK EX REL LOUIS YOURDON PETITIONER APPELLANT v. PAROLE OFFICER MARTIN SEMRAU NEW YORK STATE DIVISION OF PAROLE TINA STANFORD CHAIRWOMAN OF PAROLE BOARD NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION ANTHONY ANNUCCI ACTING COMMISSIONER NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND PAUL CHAPPIUS SUPERINTENDENT ELMIRA CORRECTIONAL FACILITY RESPONDENTS RESPONDENTS

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. LOUIS YOURDON, PETITIONER–APPELLANT, v. PAROLE OFFICER MARTIN SEMRAU, NEW YORK STATE DIVISION OF PAROLE, TINA M. STANFORD, CHAIRWOMAN OF PAROLE BOARD, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AND PAUL CHAPPIUS, SUPERINTENDENT, ELMIRA CORRECTIONAL FACILITY, RESPONDENTS–RESPONDENTS.

CA 15–00507

Decided: November 20, 2015

PRESENT:  CENTRA, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ. LOUIS ROSADO, BUFFALO, FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (BRIAN D. GINSBERG OF COUNSEL), FOR RESPONDENTS–RESPONDENTS.

MEMORANDUM AND ORDER

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

Memorandum:  Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus in which he sought release from state prison on various grounds.  While this appeal was pending, however, petitioner was released to parole supervision, thereby rendering this appeal moot (see People ex rel. Anderson v. James, 125 AD3d 1329, 1330;  People ex rel. Moore v. Lempke, 101 AD3d 1665, 1665–1666, lv. denied 20 NY3d 863).  Contrary to petitioner's contention, the exception to the mootness doctrine does not apply (see People ex rel. Baron v New York State Dept. of Corr., 94 AD3d 1410, 1410, lv denied 19 NY3d 807;  see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715).

Frances E. Cafarell

Clerk of the Court