Opinion
KAH 02-00388
March 21, 2003.
Appeal from a judgment (denominated order) of Supreme Court, Erie County (Dillon, J.), entered November 30, 2001, which denied the petition for a writ of habeas corpus.
MICHALEK HARRINGTON, LACKAWANNA (JEFFREY M. HARRINGTON OF COUNSEL), FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (EDWARD LINDNER OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, BURNS, AND GORSKI, 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. Thomas v. Murray, 98 N.Y.2d 719; People ex rel. Rivera v. Murray, 285 A.D.2d 985).