Opinion
KAH 03-00967.
Decided June 14, 2004.
Appeal from a judgment of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), dated April 3, 2003 in a proceeding pursuant to CPLR article 70. The judgment denied the petition for a writ of habeas corpus.
D.J. J.A. CIRANDO, ESQS., SYRACUSE (MICKELLE A. OLAWOYE OF COUNSEL), FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PATRICK BARNETT-MULLIGAN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
Before: PRESENT: WISNER, J.P., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs as moot ( see People ex rel. Kendricks v. Smith, 52 A.D.2d 1090).