| People of State of New York ex rel. Steven Lashway v Donnelly |
| 2004 NY Slip Op 09881 [13 AD3d 1232] |
| Decided on December 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PINE, J.P., SCUDDER, KEHOE, SMITH, AND LAWTON, JJ.
1581 KAH 03-01959
[*1]PEOPLE OF THE STATE OF NEW YORK EX REL. STEVEN LASHWAY, PETITIONER-APPELLANT, ORDER
v
EDWARD R. DONNELLY, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND GLENN S. GOORD, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS-RESPONDENTS.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered August 12, 2003. The judgment vacated the writ of habeas corpus, converted the petition to one under CPLR article 78 and dismissed the petition.
CHARLES J. GREENBERG, BUFFALO, FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs as moot.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court