General
The People of the State of New York ex rel. Thomas Williams, Appellant, v. New York State Division of Parole, Respondent
157 A.D.3d 117067 N.Y.S.3d 510·New York Supreme Court, Appellate Division·2018·NY
Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ., concur.
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Opinion
The People of the State of New York ex rel. Thomas Williams, Appellant, v New York State Division of Parole, Respondent.
[67 NYS3d 510]
[MAJORITY]
Appeal from a judgment of the Supreme Court (McDonough, J.), entered September 12, 2016 in Albany County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this proceeding for a writ of habeas corpus challenging his continued incarceration following the expiration of the time assessment period in connection with the revocation of his parole. Supreme Court denied the petition without a hearing and this appeal ensued. Inasmuch as petitioner has been released to parole supervision, the instant proceeding—wherein petitioner seeks an immediate release from state custody—is moot (People ex rel. Kim v Smith, 156 AD3d 1100 [2017]; see People ex rel. Lashway v Wenderlich, 118 AD3d 1199, 1200 [2014]).
Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ., concur.
Ordered that the appeal is dismissed, as moot, without costs.