Appellate Division of the Supreme Court of New York, 2009

People ex rel. Mitchell v. Unger

People ex rel. Mitchell v. Unger
Appellate Division of the Supreme Court of New York · Decided June 5, 2009
63 A.D.3d 1591; 879 N.Y.S.2d 761
People ex rel. Mitchell v. Unger

Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered September 28, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.

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 [2009]), and the exception to the mootness doctrine does not apply herein (see id.). Present—Scudder, EJ., Hurlbutt, Feradotto, Green and Gorski, JJ.

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