Opinion
1103 KAH 16–01834
11-09-2018
The PEOPLE of the State of New York EX REL. Ricky WINTERS, Petitioner–Appellant, v. K. CROWLEY, Superintendent, Orleans Correctional Facility, Respondent–Respondent.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR PETITIONER–APPELLANT. BARBARA D. UNDERWOOD, ATTORNEY GENERAL, ALBANY (BRIAN D. GINSBERG OF COUNSEL), FOR RESPONDENT–RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR PETITIONER–APPELLANT.
BARBARA D. UNDERWOOD, ATTORNEY GENERAL, ALBANY (BRIAN D. GINSBERG OF COUNSEL), FOR RESPONDENT–RESPONDENT.
PRESENT: CENTRA, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus. The appeal has been rendered moot by petitioner's release from custody (see People ex rel. Valentin v. Annucci, 159 A.D.3d 1391, 1392, 70 N.Y.S.3d 112 [4th Dept. 2018], lv denied 31 N.Y.3d 911, 2018 WL 2977996 [2018] ; People ex rel. Moore v. Stallone, 151 A.D.3d 1839, 1839, 54 N.Y.S.3d 349 [4th Dept. 2017] ; People ex rel. Yourdon v. Semrau, 133 A.D.3d 1351, 1351, 19 N.Y.S.3d 456 [4th Dept. 2015] ), and we conclude that the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ).