Appellate Division of the Supreme Court of New York, 2010

People ex rel. Graham v. Fischer

People ex rel. Graham v. Fischer
Appellate Division of the Supreme Court of New York · Decided February 11, 2010
70 A.D.3d 1381; 893 N.Y.S.2d 793
People ex rel. Graham v. Fischer

Opinion of the Court

—Appeal from a judgment (denominated order and judgment) of the Supreme Court, Livingston County (Robert B. Wiggins, A.J.), entered July 16, 2008 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 the judgment *1382dismissing his petition for a writ of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Mitchell v Unger, 63 AD3d 1591 [2009]; People ex rel. Cooper v New York State Div. of Parole, 286 AD2d 792 [2001]), and the exception to the mootness doctrine does not apply herein (see People ex rel. Hampton v Dennison, 59 AD3d 951 [2009], lv denied 12 NY3d 711 [2009]). Present—Smith, J.P., Carni, Pine and Gorski, JJ.

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