Opinion
KAH 01-02096
June 13, 2003.
Appeal from a judgment (denominated order) of Supreme Court, Erie County (D'Amico, J.), entered August 14, 2001, which denied the petition for a writ of habeas corpus.
SALVATORE C. ADAMO, BUFFALO, FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (EVELYN M. TENENBAUM OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
PRESENT: PINE, J.P., HURLBUTT, SCUDDER, KEHOE, AND HAYES, 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. Wilder v Markley, 26 N.Y.2d 648, rearg denied 27 N.Y.2d 737).