| People v New York State Div. of Parole |
| 2018 NY Slip Op 00496 |
| Decided on January 25, 2018 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided and Entered: January 25, 2018
524612
v
NEW YORK STATE DIVISION OF PAROLE, Respondent.
Calendar Date: December 13, 2017
Before: Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ.
Thomas Williams, Rochester, appellant pro se.
MEMORANDUM AND ORDER
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, AD3d , , 2017 NY Slip Op 08782, *1 [2017]; see People ex rel. Lashway v Wenderlich, 118 AD3d 1199, 1120 [2014]).
Garry, P.J., McCarthy, Mulvey, Aarons and Rumsey, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.