Appellate Division of the Supreme Court of New York, 2014

People ex rel. Williams v. Cully

People ex rel. Williams v. Cully
Appellate Division of the Supreme Court of New York · Decided February 7, 2014
114 A.D.3d 1163; 979 N.Y.S.2d 901
People ex rel. Williams v. Cully

Opinion of the Court

Appeal from a judgment (denominated amended decision and order) of the Supreme Court, Erie County (M. William Boiler, A.J.), entered *1164September 17, 2012 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 [2012], lv denied 19 NY3d 807 [2012]), and the exception to the mootness doctrine does not apply (see id.; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). While this Court has the power to convert the habeas corpus proceeding into a CPLR article 78 proceeding, we decline to do so under the circumstances of this case (see People ex rel. Keyes v Khahaifa, 101 AD3d 1665, 1665 [2012], lv denied 20 NY3d 862 [2013]). Present — Centra, J.P, Fahey, Lindley, Sconiers and Whalen, JJ.

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