Opinion
KAH 02-02277
October 2, 2003.
Appeal from a judgment (denominated order) of Supreme Court, Livingston County (Alonzo, J.), entered August 12, 2002, which denied the petition for a writ of habeas corpus.
JOHN E. TYO, SHORTSVILLE, FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, GORSKI, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs as moot.