Appellate Division of the Supreme Court of New York, 2012

People ex rel. Keyes v. Khahaifa

People ex rel. Keyes v. Khahaifa
Appellate Division of the Supreme Court of New York · Decided December 21, 2012
101 A.D.3d 1665; 955 N.Y.2d 786
People ex rel. Keyes v. Khahaifa

Opinion of the Court

Memorandum: Petitioner’s appeal from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot inasmuch as he has been released to parole supervision (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410 [2012], lv denied 19 NY3d 807 [2012]; see also People ex rel. Graham v Fischer, 70 AD3d 1381, 1381-1382 [2010] ), and the exception to the mootness doctrine does not apply herein (see Baron, 94 AD3d at 1410; Graham, 70 AD3d at 1382; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Moreover, “[although this Court has the power to convert a habeas corpus proceeding into a CPLR article 78 proceeding . . . , we decline to do so because we do not consider it appropriate on this record” (People ex rel. Brown v McCoy, 266 AD2d 805, 805 [1999], lv denied 94 NY2d 760 [2000]). Present — Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.

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