People ex rel. Peterson v LeConey

People v Leconey 2014 NY Slip Op 07823 Decided on November 14, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 14, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
1073 KAH 13-00252

[*1]THE PEOPLE OF THE STATE OF NEW YORK EX REL. RENE PETERSON, PETITIONER-APPELLANT,

v

PATRICIA E. LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Jefferson County (James P. McClusky, J.), entered September 24, 2012 in a habeas corpus proceeding. The judgment denied the petition.

CHARLES J. GREENBERG, AMHERST, FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR RESPONDENT-RESPONDENT.

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

Memorandum: Petitioner appeals from a judgment that denied his petition for a writ of habeas corpus. The appeal has been rendered moot by petitioner's release to parole supervision (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410, lv denied 19 NY3d 807), and the exception to the mootness doctrine does not apply (see id.; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715). Under the circumstances of this case, we decline to exercise our power to convert the habeas corpus proceeding into a CPLR article 78 proceeding (see People ex rel. Keyes v Khahaifa, 101 AD3d 1665, 1665, lv denied 20 NY3d 862).

Entered: November 14, 2014

Frances E. Cafarell

Clerk of the Court