Opinion
No. 510 KAH 06-03451.
April 20, 2007.
Appeal from a judgment of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered May 12, 2006 in a habeas corpus proceeding. The judgment dismissed the petition.
DOUGLAS P. BATES, AUBURN, FOR PETITIONER-APPELLANT.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Present — Gorski, J.P., Lunn, Fahey, Green and Pine, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot ( see People ex rel. Kendricks v Smith, 52 AD2d 1090).