Opinion
12-24-2015
The PEOPLE of the State of New York ex rel. Keith DOUGLAS, Appellant, v. Craig D. APPLE, as Sheriff of Albany County, Respondent.
Keith Douglas, Comstock, appellant pro se.
Keith Douglas, Comstock, appellant pro se.
Appeal from a decision of the Supreme Court (Lynch, J.), dated March 28, 2014 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, after a hearing.
Following his arrest on drug-related charges, petitioner commenced this habeas corpus proceeding seeking his immediate release. In view of petitioner being subsequently indicted, Supreme Court dismissed the proceeding as moot. This appeal ensued.
The decision of Supreme Court was never reduced to a judgment or order. "As a general rule, no appeal lies except from a judgment or an order" ( People ex rel. Frazier v. Fogg, 122 A.D.2d 377, 377, 504 N.Y.S.2d 794 [1986] ; see CPLR 5501 ). In any event, once petitioner was indicted, he was no longer entitled to the relief requested in his habeas corpus application (see People ex rel. Miller v. Knowlton, 239 A.D.2d 655, 655–656, 657 N.Y.S.2d 369 [1997] ; People ex rel. Warren v. Davis, 92 A.D.2d 679, 679, 460 N.Y.S.2d 378 [1983] ). ORDERED that the appeal is dismissed, without costs.
LAHTINEN, J.P., EGAN JR., ROSE and CLARK, JJ., concur.