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The People of The State of New York ex rel. Kenneth Moore v. John Lempke, Superintendent, Five Points Correctional Facility
Opinions in this case
- Majority
- Majority
Memorandum: This appeal by petitioner from a judgment dismissing his petition seeking a writ of habeas corpus has been
[1666] rendered 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.