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The People of the State of New York Ex Rel. Eric Kent v. New York State Division of Parole et al

State of New York Supreme Court, Appellate Division Third Judicial Department


September 22, 2011

THE PEOPLE OF THE STATE OF NEW YORK EX REL. ERIC KENT, APPELLANT,
v.
NEW YORK STATE DIVISION OF PAROLE ET AL., RESPONDENTS.

Appeal from a judgment of the Supreme Court (Lawliss, J.), entered August 27, 2010 in Clinton County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

MEMORANDUM AND ORDER

Calendar Date: July 27, 2011

Before: Mercure, J.P., Spain, Lahtinen, Stein and Garry, JJ.

In 1987, petitioner was convicted of the crime of manslaughter in the first degree and was sentenced to 8a to 25 years in prison. In October 2008, he was released to parole supervision. In January 2009, he was charged with violating certain conditions of his parole. Following a final revocation hearing, petitioner was found guilty of violating four conditions of his release. His parole was revoked and he was returned to the custody of the Department of Correctional Services. Petitioner thereafter commenced this CPLR article 70 proceeding seeking a writ of habeas corpus asserting, among other things, that the Board of Parole did not follow the proper procedures. Supreme Court denied the application without a hearing, resulting in this appeal.

This Court has been advised by the Attorney General that petitioner reached the maximum expiration date of his sentence and was released from custody on August 5, 2011. Accordingly, habeas corpus relief is no longer available and the appeal must be dismissed as moot (see People ex rel. VanGuilder v Fischer, 79 AD3d 1499 [2010]).

Mercure, J.P., Spain, Lahtinen, Stein and Garry, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court

20110922

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