Legal Opinion

People ex rel. Moore v. Lempke

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 2012PublishedCited by 3 opinions

1Opinion of the Court

Memorandum: This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been *1666rendered moot by his release to parole supervision (see People ex rel. Hampton v Dennison, 59 AD3d 951, 951 [2009], lv denied 12 NY3d 711 [2009]). Contrary to petitioner’s contention, no exception to the mootness doctrine is present under the circumstances of this case (see id.; People ex rel. Dimmer v McKinney, 23 AD3d 806, 807 [2005]). Present — Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.

2Cases cited2 opinions

  1. People ex rel. Hampton v. DennisonAppellate Division of the Supreme Court of the State of New York · 2009
  2. People ex rel. Dimmer v. McKinneyAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by3 opinions

  1. ANDERSON, WILLIAM v. JAMES, RANDYAppellate Division of the Supreme Court of the State of New York · 2015
  2. JENKINS, NORMAN v. COR FAC WARDEN, RIKERS ISLANDAppellate Division of the Supreme Court of the State of New York · 2013
  3. YOURDON, LOUIS v. SEMRAU, PAROLE OFFICER MARTINAppellate Division of the Supreme Court of the State of New York · 2015