SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 21, 2012
THE PEOPLE OF THE STATE OF NEW YORK EX REL. KENNETH MOORE, PETITIONER-APPELLANT,
JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, AND ANDREA EVANS,
CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered July 14, 2011 in a habeas corpus proceeding.
People ex rel. Moore v Lempke
Released on December 21, 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: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.
The judgment dismissed the petition.
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. Hampton v Dennison, 59 AD3d 951, 951, lv denied 12 NY3d 711). Contrary to petitioner's contention, no exception to the mootness doctrine is present under the circumstances of this case (see id.; People ex rel. Limmer v McKinney, 23 AD3d 806, 807). Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court
© 1992-2012 VersusLaw Inc.