People ex rel. Limmer v McKinney |
2005 NY Slip Op 08243 [23 AD3d 806] |
November 10, 2005 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York ex rel. James D. Limmer, Appellant, v Harold McKinney, as Superintendent of Mt. McGregor Correctional Facility, Respondent. |
—[*1]Appeal from a judgment of the Supreme Court (Ferradino, J.), entered March 11, 2005 in Saratoga County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner was convicted in 2000 of two counts of driving while intoxicated and two counts of aggravated unlicensed operation of a motor vehicle in the first degree and was sentenced to concurrent terms of imprisonment of 1
On June 13, 2005, during the pendency of this appeal, petitioner was released to parole supervision. Inasmuch as habeas corpus relief is no longer available, the appeal must be dismissed as moot (see People ex rel. Hatzman v Senkowski, 251 AD2d 828, 828-829 [1998]; see generally People ex rel. Alexander v Walsh, 303 AD2d 1015, 1015-1016 [2003], lv denied 100 NY2d 505 [2003]). No exception to the mootness doctrine is presented under the circumstances here (see People ex rel. Morales v Campbell, 298 AD2d 740, 741 [2002]).
Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.