Opinion
141 OP 21-01482
03-11-2022
The PEOPLE of the State of New York EX REL. John BRADLEY, on Behalf of Willie J. Tolbert, Petitioner, v. Todd K. BAXTER, Monroe County Sheriff, Respondent.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (BENJAMIN L. NELSON OF COUNSEL), FOR PETITIONER.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (BENJAMIN L. NELSON OF COUNSEL), FOR PETITIONER.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, NEMOYER, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said proceeding is unanimously converted to a declaratory judgment action and the action is transferred to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Petitioner commenced this original proceeding pursuant to CPLR 7002 (b) (2) seeking a writ of habeas corpus on the ground that his pretrial detention was prohibited by CPL 510.10 and 530.20. The day after filing the petition, petitioner was released from custody pursuant to CPL 530.30, rendering the petition moot (see generally People ex rel. McManus v. Horn , 18 N.Y.3d 660, 663, 944 N.Y.S.2d 448, 967 N.E.2d 671 [2012] ; People ex rel. Doyle v. Fischer , 159 A.D.2d 208, 208, 551 N.Y.S.2d 830 [1st Dept. 1990] ). Nevertheless, the exception to the mootness doctrine applies here inasmuch as the propriety of remand under CPL 530.20 "is an important issue that is likely to recur and which typically will evade our review" ( McManus , 18 N.Y.3d at 664, 944 N.Y.S.2d 448, 967 N.E.2d 671 ).
In light of the fact that petitioner no longer needs, and is no longer eligible for, affirmative habeas corpus relief (see generally CPLR 7002 [a] ), and upon petitioner's request, we convert this proceeding into a declaratory judgment action (see CPLR 103 [c] ; cf. People ex rel. McBride v. Alexander , 54 A.D.3d 423, 424, 863 N.Y.S.2d 467 [2d Dept. 2008] ; see generally Matter of State of New York v. Cuevas , 49 A.D.3d 1324, 1326, 853 N.Y.S.2d 798 [4th Dept. 2008] ). However, such an action is not properly commenced in this Court (see CPLR 3001 ; Matter of Sibley v. Watches , 194 A.D.3d 1385, 1388, 148 N.Y.S.3d 574 [4th Dept. 2021], appeal dismissed and lv denied 37 N.Y.3d 1131, 157 N.Y.S.3d 409, 178 N.E.3d 1288 [2021] ; Matter of Jefferson v. Siegel , 28 A.D.3d 1153, 1154, 813 N.Y.S.2d 318 [4th Dept. 2006] ). We therefore transfer the declaratory judgment action to Supreme Court, Monroe County, for further proceedings (see Matter of Nelson v. Stander , 79 A.D.3d 1645, 1645-1646, 913 N.Y.S.2d 849 [4th Dept. 2010] ; Donaldson v. State of New York , 156 A.D.2d 290, 292, 548 N.Y.S.2d 676 [1st Dept. 1989], lv dismissed in part and denied in part 75 N.Y.2d 1003, 557 N.Y.S.2d 308, 556 N.E.2d 1115 [1990] ).