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In the Matter of Ellington v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 2003
306 A.D.2d 662 (N.Y. App. Div. 2003)

Opinion

92645

Calendar Date: June 2, 2003.

June 12, 2003.

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 4, 2002 in Clinton County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Thomas Ellington, Dannemora, appellant pro se.

Eliot Spitzer, Attorney General, Albany (Marcus Mastracco of counsel), for respondent.

Before: Cardona, P.J., Mercure, Peters, Spain and Carpinello, JJ.


MEMORANDUM AND ORDER


Petitioner challenges his continued incarceration in the custody of the Department of Correctional Services based upon its failure to release him to parole supervision on his conditional release date of September 26, 2001. In the judgment on appeal, Supreme Court denied petitioner's application, ruling that he had failed to comply with certain special conditions that had been properly imposed by the Division of Parole, including the requirement that he locate an approved postrelease residence.

Petitioner's appeal to this Court from that judgment has been rendered moot by his release from state custody on May 23, 2003, after having served the maximum term of his sentence of imprisonment (see Matter of Ferro v. Luvera, 288 A.D.2d 735). This appeal is, accordingly, dismissed.

Mercure, Peters, Spain and Carpinello, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.


Summaries of

In the Matter of Ellington v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 2003
306 A.D.2d 662 (N.Y. App. Div. 2003)
Case details for

In the Matter of Ellington v. Senkowski

Case Details

Full title:IN THE MATTER OF THOMAS ELLINGTON, Appellant, v. DANIEL SENKOWSKI, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 12, 2003

Citations

306 A.D.2d 662 (N.Y. App. Div. 2003)
759 N.Y.S.2d 911

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