People ex rel. Williams v. New York State Division of Parole (157 A.D.3d 1170, 2018)

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.