ACKRIDGE, RONALD v. SHEAHAN, MICHAEL

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department [235] KAH 13-00283 PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND SCONIERS, JJ. THE PEOPLE OF THE STATE OF NEW YORK EX REL. RONALD ACKRIDGE, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY AND NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS. CHARLES J. GREENBERG, AMHERST, FOR PETITIONER-APPELLANT. Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered November 20, 2012 in a habeas corpus proceeding. The judgment denied and dismissed the petition. It is hereby ORDERED that said appeal is unanimously dismissed without costs. Memorandum: On appeal from a judgment denying his petition for a writ of habeas corpus, petitioner contends that his right to due process was violated because, following sentencing, he was not transferred to the Willard Drug Treatment Facility in a timely manner. While this appeal was pending, however, petitioner was released to parole supervision, thus rendering this habeas proceeding moot (see People ex rel. Baron v New York State Dept. of Corr., 94 AD3d 1410, 1410 , lv denied 19 NY3d 807 ). Contrary to petitioner’s contention, this case does not fall within the exception to the mootness doctrine (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 ). The appeal is therefore dismissed. Entered: March 28, 2014 Frances E. Cafarell Clerk of the Court