BARON, ANDRIQUE v. NEW YORK STATE DEPT. OF CORRECTIONS

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department KAH 11-01076 PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

ANDRIQUE BARON, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER NEW YORK STATE DEPARTMENT OF CORRECTIONS AND EKPE D. EKPE, SUPERINTENDENT, WATERTOWN CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS.

KATHLEEN P. REARDON, ROCHESTER, FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ZAINAB A. CHAUDHRY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered October 19, 2010 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition.

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

Memorandum: Inasmuch as he has been released to parole supervision, this appeal by petitioner from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot (see People ex rel. Graham v Fischer, 70 AD3d 1381, 1381-1382; People ex rel. Mitchell v Unger, 63 AD3d 1591; People ex rel. Hampton v Dennison, 59 AD3d 951, lv denied 12 NY3d 711), and the exception to the mootness doctrine does not apply herein (see Graham, 70 AD3d at 1381-1382; Hampton, 59 AD3d at 951; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).

Entered: April 20, 2012 Frances E. Cafarell Clerk of the Court