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People ex Rel. Frank Graham v. Fischer

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 11, 2010
70 A.D.3d 1381 (N.Y. App. Div. 2010)

Opinion

No. KAH 08-01977.

February 11, 2010.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Livingston County (Robert B. Wiggins, A.J.), entered July 16, 2008 in a habeas corpus proceeding. The judgment dismissed the petition.

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (NORMAN P. EFFMAN OF COUNSEL), FOR PETITIONER-APPELLANT.

Present: Smith, J.P., Carni, Pine and Gorski, JJ.


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

Memorandum: This appeal by petitioner 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. Mitchell v Unger, 63 AD3d 1591; People ex rel. Cooper v New York State Div. of Parole, 286 AD2d 792), and the exception to the mootness doctrine does not apply herein ( see People ex rel. Hampton v Dennison, 59 AD3d 951, lv denied 12 NY3d 711).


Summaries of

People ex Rel. Frank Graham v. Fischer

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 11, 2010
70 A.D.3d 1381 (N.Y. App. Div. 2010)
Case details for

People ex Rel. Frank Graham v. Fischer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. FRANK GRAHAM, Appellant, v…

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

Date published: Feb 11, 2010

Citations

70 A.D.3d 1381 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 1169
893 N.Y.S.2d 793

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