| People ex rel. Sabino v New York State Dept. of Corr. & Community Supervision |
| 2019 NY Slip Op 09195 [178 AD3d 1446] |
| December 20, 2019 |
| 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. Daniel Sabino,
Appellant, v New York State Department of Corrections and Community Supervision, Respondent. |
Wyoming County-Attica Legal Aid Bureau, Warsaw (Adam W. Koch of counsel), for petitioner-appellant.
Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered December 21, 2018, in a habeas corpus proceeding. The judgment denied the petition.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment denying his petition for a writ of habeas corpus. Because petitioner was released to parole supervision in October 2019, the appeal has been rendered moot (see People ex rel. Luck v Squires, 173 AD3d 1767, 1767 [4th Dept 2019]; People ex rel. Valentin v Annucci, 159 AD3d 1391, 1392 [4th Dept 2018], lv denied 31 NY3d 911 [2018]). We conclude that the exception to the mootness doctrine does not apply (see People ex rel. Winters v Crowley, 166 AD3d 1525, 1525 [4th Dept 2018], lv denied 32 NY3d 917 [2019]; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present—Centra, J.P., Carni, Lindley, Curran and Troutman, JJ.