BRIECKE, STEPHAN v. NEW YORK STATE DEPARTMENT OF, CORRECTIONAL SERVICES

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department KAH 12-00657 PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND LINDLEY, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

STEPHAN BRIECKE, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.

NORMAN P. EFFMAN, PUBLIC DEFENDER, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 6, 2011 in a habeas corpus proceeding. The judgment dismissed the petition.

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

Memorandum: Petitioner’s appeal from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410, lv denied 19 NY3d 807; People ex rel. Kendricks v Smith, 52 AD2d 1090, 1090), and the exception to the mootness doctrine does not apply (see Baron, 94 AD3d at 1410; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).

Entered: June 7, 2013 Frances E. Cafarell Clerk of the Court