Opinion
No. 1644.
October 4, 2007.
Appeal from order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered July 28, 2005, which dismissed the petition for a writ of habeas corpus, unanimously dismissed as moot, without costs.
Andrew M. Cuomo, Attorney General, New York (Cecelia C. Chang of counsel), for New York State Division of Parole, respondent.
Before: Mazzarelli, J.P., Saxe, Sullivan, Catterson and Kavanagh, JJ.
The appeal is moot in light of petitioner's release to parole supervision ( People ex rel. McGann v Ross, 91 NY2d 865 [1997]; People ex rel. Abreu v Warden of Rikers Is. Correctional Facility, 37 AD3d 353, lv denied 8 NY3d 811). Petitioner's arguments that the appeal is not moot are unavailing. Were we not dismissing the appeal, we would affirm.