Opinion
No. KAH 07-02531.
December 31, 2008.
Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered August 29, 2007. The judgment granted the motion of respondent to dismiss the petition for a writ of habeas corpus for failure to state a cause of action.
KATHLEEN P. REARDON, ROCHESTER, FOR PETITIONER-Appellant.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT-Respondent.
Before: Scudder, P.J., Hurlbutt, Fahey, Peradotto and Pine, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs as moot ( see People ex rel. Kendricks v Smith, 52 AD2d 1090).