| People ex rel. Keyes v Khahaifa |
| 2012 NY Slip Op 08939 [101 AD3d 1665] |
| December 21, 2012 |
| Appellate Division, Fourth 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 Keyes, Appellant, v Sibatu Khahaifa, Superintendent, Orleans Correctional Facility, Respondent. |
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Eric T. Schneiderman, Attorney General, Albany (Paul Groenwegen of counsel), for respondent-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), dated July 18, 2011 in a habeas corpus proceeding. 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 has been released to parole supervision (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410 [2012], lv denied 19 NY3d 807 [2012]; see also People ex rel. Graham v Fischer, 70 AD3d 1381, 1381-1382 [2010]), and the exception to the mootness doctrine does not apply herein (see Baron, 94 AD3d at 1410; Graham, 70 AD3d at 1382; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Moreover, "[a]lthough this Court has the power to convert a habeas corpus proceeding into a CPLR article 78 proceeding . . . , we decline to do so because we do not consider it appropriate on this record" (People ex rel. Brown v McCoy, 266 AD2d 805, 805 [1999], lv denied 94 NY2d 760 [2000]). Present—Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.