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People ex rel Hampton v. Dennison

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 6, 2009

THE PEOPLE OF THE STATE OF NEW YORK EX REL. FRANKLIN JOEL THOMAS HAMPTON, JR., PETITIONER-APPELLANT,
v.
ROBERT DENNISON, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENT-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered October 11, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: MARTOCHE, J.P., FAHEY, GREEN, AND PINE, JJ.

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

Memorandum

This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Limmer v McKinney, 23 AD3d 806). Contrary to petitioner's contention, the exception to the mootness doctrine does not apply here (see id.; People ex rel. Alexander v Walsh, 303 AD2d 1015, lv denied 100 NY2d 505; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).

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