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The People of the State of New York Ex Rel. Lamont Reynolds v. Dale Artus

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


February 8, 2013

THE PEOPLE OF THE STATE OF NEW YORK EX REL. LAMONT REYNOLDS,
PETITIONER-APPELLANT,
v.
DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY, AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Christopher J. Burns, J.), entered September 27, 2011 in a habeas corpus proceeding.

People v Artus

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.

Released on February 8, 2013

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ.

The judgment dismissed the petition.

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

Memorandum: Petitioner's appeal from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot inasmuch as he reached the maximum expiration date of his sentence and was released from custody on May 18, 2012(see People ex rel. Kent v New York State Div. of Parole, 87 AD3d 1205, 1206; People ex rel. Brown v LaClair, 74 AD3d 1642, 1643; People ex rel. Dickerson v Unger, 62 AD3d 1262, 1263, lv denied 12 NY3d 716), and none of the issues raised herein fall within the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715; see generally Dickerson, 62 AD3d at 1263; People ex rel. Faison v Travis, 277 AD2d 916, 916, lv denied 96 NY2d 705). Entered: February 8, 2013 Frances E. Cafarell Clerk of the Court

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