Appellate Division of the Supreme Court of New York, 2012

People ex rel. Moore v. Lempke

People ex rel. Moore v. Lempke
Appellate Division of the Supreme Court of New York · Decided December 21, 2012
101 A.D.3d 1665; 955 N.Y.2d 787
People ex rel. Moore v. Lempke

Opinion of the Court

Memorandum: This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been *1666rendered moot by his release to parole supervision (see People ex rel. Hampton v Dennison, 59 AD3d 951, 951 [2009], lv denied 12 NY3d 711 [2009]). Contrary to petitioner’s contention, no exception to the mootness doctrine is present under the circumstances of this case (see id.; People ex rel. Dimmer v McKinney, 23 AD3d 806, 807 [2005]). Present — Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.

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