Opinion
No. KAH 07-01655.
June 6, 2008.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered May 3, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.
CHARLES J. GREENBERG, BUFFALO, FOR PETITIONER-APPELLANT.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Present: Scudder, P.J., Hurlbutt, Smith, Green and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his petition seeking a writ of habeas corpus. Inasmuch as petitioner was conditionally released to parole supervision during the pendency of the appeal, the appeal is moot ( see People ex rel. Vasquez v Filion, 22 AD3d 991, 992; People ex rel. Williams v Zelker, 38 AD2d 845). [See 2007 NY Slip Op 30048(U).]