Opinion
KAH 04-01125.
November 10, 2005.
Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered April 6, 2004. The judgment dismissed the petition for a writ of habeas corpus.
MARIA A. MASSARO, NIAGARA FALLS, FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (CHARLES D. STEINMAN OF COUNSEL), FOR RESPONDENT-RESPONDENT BRION D. TRAVIS, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE.
CLAUDE A. JOERG, COUNTY ATTORNEY, LOCKPORT (JOHN S. SANSONE OF COUNSEL), FOR RESPONDENT-RESPONDENT JOHN SAXTON, MAJOR, NIAGARA COUNTY JAIL.
Present — Green, J.P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.
Memorandum: This appeal by petitioner from a judgment dismissing his petition for a writ of habeas corpus has been rendered moot by his release to parole supervision ( see People ex rel. Faison v. Travis, 277 AD2d 916, lv denied 96 NY2d 705; People ex rel. Campbell v. Filion, 255 AD2d 915). Contrary to petitioner's contention, no purpose would be served by converting this proceeding to one brought pursuant to CPLR article 78 ( cf. People ex rel. Brown v. New York State Div. of Parole, 70 NY2d 391, 398). Petitioner's challenges to the procedures employed at the preliminary parole revocation proceeding were rendered moot by the final parole revocation determination ( see People ex rel. McCummings v. DeAngelo, 259 AD2d 794, lv denied 93 NY2d 810; Matter of Westcott v. New York State Bd. of Parole, 256 AD2d 1179, 1180), and petitioner failed to exhaust his administrative remedies with respect to that determination, thus foreclosing judicial review thereof ( see Faison, 277 AD2d 916).