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The People of the State of New York Ex Rel. andrique Baron, Petitioner-Appellant v. New York State Department of Corrections and Ekpe D. Ekpe

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


April 20, 2012

THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANDRIQUE BARON, PETITIONER-APPELLANT,
v.
NEW YORK STATE DEPARTMENT OF CORRECTIONS AND EKPE D. EKPE, SUPERINTENDENT, WATERTOWN CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered October 19, 2010 in a proceeding pursuant to CPLR article 70.

People ex rel. Baron v New York State Dept. of Corrections

Decided on April 20, 2012

Appellate Division, Fourth Department

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: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

The judgment dismissed the petition.

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

Memorandum: Inasmuch as he has been released to parole supervision, this appeal by petitioner from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot (see People ex rel. Graham v Fischer, 70 AD3d 1381, 1381-1382; People ex rel. Mitchell v Unger, 63 AD3d 1591; People ex rel. Hampton v Dennison, 59 AD3d 951, lv denied 12 NY3d 711), and the exception to the mootness doctrine does not apply herein (see Graham, 70 AD3d at 1381-1382; Hampton, 59 AD3d at 951; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).

Entered: April 20, 2012

Frances E. Cafarell Clerk of the Court

20120420

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