People v Joseph Aponte Commissioner New York City Department of Corrections

Motion No: M-3680

Slip Opinion No: 2017 NYSlipOp 83520(U)

Decided on August 22, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

August 22, 2017

The People of the State of New York

ex rel. Ryan Shanovich, Esq., on

behalf of Rudolph Rosenberg,

Petitioner-Appellant,

v

Joseph Aponte, Commissioner, New York

City Department of Corrections,

Respondent-Respondent.

Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal from the order of the Supreme Court, New York County, entered on or about June 14, 2017, which dismissed the petition for a writ of habeas corpus, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, for the assignment of counsel, and to be released on his own recognizance, or for a reduction of bail, pending hearing and determination of his appeal, and for other relief, Now, upon reading and filing the papers with respect to the motion, and the stipulation of the parties hereto, dated July 14, 2017, and due deliberation having been had thereon, It is ordered that the motion and appeal are dismissed as moot, petitioner-appellant having already been released from custody.ENTERED: August 22, 2017

_____________________ DEPUTY CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-3680

Index No. 100781/17