PEOPLE EX REL. SCHOENWANDT v. TRAVIS


23 A.D.3d 806 (2005)

803 N.Y.S.2d 749

THE PEOPLE OF THE STATE OF NEW YORK ex rel. FREDERICK SCHOENWANDT, Appellant, v. BRION TRAVIS, as Chair of the Board of Parole, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 10, 2005.


Petitioner commenced this habeas corpus proceeding challenging the calculation of his conditional release and maximum release dates as well as a parole revocation decision. Supreme Court dismissed the proceeding and this appeal ensued. During the pendency of this appeal, petitioner was conditionally released on parole. Inasmuch as petitioner is no longer in custody, the habeas corpus proceeding must be dismissed as moot (see People ex rel. Morales v Campbell,

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