General
The People of the State of New York ex rel. Franklin Joel Thomas Hampton, Jr., Appellant, v. Robert Dennison, Chairman, New York State Division of Parole, Respondent
59 A.D.3d 951872 N.Y.S.2d 341·New York Supreme Court, Appellate Division·2009·NY
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Opinion
The People of the State of New York ex rel. Franklin Joel Thomas Hampton, Jr., Appellant, v Robert Dennison, Chairman, New York State Division of Parole, Respondent.
[872 NYS2d 341]
[MAJORITY]
Appeal from a judgment (denominated order) of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered October 11, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been rendered moot by his release to parole supervision (see People ex rel. Limmer v McKinney, 23 AD3d 806 [2005]). Contrary to petitioner’s contention, the exception to the mootness doctrine does not apply here (see id.; People ex rel. Alexander v Walsh, 303 AD2d 1015 [2003], lv denied 100 NY2d 505 [2003]; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present—Martoche, J.P., Fahey, Green and Pine, JJ.