People ex rel. Billinger v Harper
2021 NY Slip Op 05198 [198 AD3d 1295]
October 1, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 1, 2021


[*1]
 The People of the State of New York ex rel. Marvin Billinger, Appellant,
v
John Harper, Superintendent, Mohawk Correctional Facility, et al., Respondents.

The Legal Aid Society, New York City (Natalie Rea of counsel), for petitioner-appellant.

Letitia James, Attorney General, Albany (Brian D. Ginsberg of counsel), for respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Erin P. Gall, J.), entered August 6, 2020, 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 denying his petition for a writ of habeas corpus. Because petitioner concedes that he has been released to parole supervision, the appeal has been rendered moot (see People ex rel. Bush v Awopetu, 187 AD3d 1580, 1580 [4th Dept 2020], lv denied 36 NY3d 906 [2021]; People ex rel. Sabino v New York State Dept. of Corr. & Community Supervision, 178 AD3d 1446, 1447 [4th Dept 2019]), and the exception to the mootness doctrine does not apply in this case (see People ex rel. Stokes v New York State Div. of Parole, 144 AD3d 1550, 1551 [4th Dept 2016], lv denied 28 NY3d 915 [2017]; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Although this Court has the power to convert the habeas corpus proceeding into a CPLR article 78 proceeding, we decline to do so under the circumstances here (see Stokes, 144 AD3d at 1551). Present—Whalen, P.J., Smith, Lindley, Troutman and Winslow, JJ.