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The People of the State of New York Ex Rel. Kenneth Moore, Petitioner-Appellant v. John Lempke

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,
v.
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

20121221

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