| People ex rel. Winters v Crowley |
| 2018 NY Slip Op 07588 [166 AD3d 1525] |
| November 9, 2018 |
| 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. Ricky
Winters, Appellant, v K. Crowley, Superintendent, Orleans Correctional Facility, Respondent. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (James M. Specyal of counsel), for petitioner-appellant.
Barbara D. Underwood, Attorney General, Albany (Brian D. Ginsberg of counsel), for respondent-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered August 22, 2016, in a habeas corpus proceeding. The judgment dismissed the petition.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus. The appeal has been rendered moot by petitioner's release from custody (see People ex rel. Valentin v Annucci, 159 AD3d 1391, 1392 [4th Dept 2018], lv denied 31 NY3d 911 [2018]; People ex rel. Moore v Stallone, 151 AD3d 1839, 1839 [4th Dept 2017]; People ex rel. Yourdon v Semrau, 133 AD3d 1351, 1351 [4th Dept 2015]), and we conclude that the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present—Centra, J.P., Lindley, DeJoseph, NeMoyer and Winslow, JJ.