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People ex rel Graham v. Fischer

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


February 11, 2010

THE PEOPLE OF THE STATE OF NEW YORK EX REL. FRANK GRAHAM, APPELLANT,
v.
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, ET AL., RESPONDENTS.

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.

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

As corrected through Wednesday, March 31, 2010

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 [2009]; People ex rel. Cooper v New York State Div. of Parole, 286 AD2d 792 [2001]), and the exception to the mootness doctrine does not apply herein (see People ex rel. Hampton v Dennison, 59 AD3d 951 [2009], lv denied 12 NY3d 711 [2009]).

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

20100211

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