Opinion
524612
01-25-2018
The PEOPLE of the State of New York EX REL. Thomas WILLIAMS, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.
Thomas Williams, Rochester, appellant pro se.
Thomas Williams, Rochester, appellant pro se.
Before: Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (McDonough, J.), entered September 12, 2016 in Albany County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this proceeding for a writ of habeas corpus challenging his continued incarceration following the expiration of the time assessment period in connection with the revocation of his parole. Supreme Court denied the petition without a hearing and this appeal ensued. Inasmuch as petitioner has been released to parole supervision, the instant proceeding—wherein petitioner seeks an immediate release from state custody—is moot ( People ex rel. Kim v. Smith, 156 A.D.3d 1100, ––––, 65 N.Y.S.3d 470 [2017] ; see People ex rel. Lashway v. Wenderlich, 118 A.D.3d 1199, 1120, 987 N.Y.S.2d 268 [2014] ).
ORDERED that the appeal is dismissed, as moot, without costs.
Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ., concur.