People ex rel. Rucco v Warden, Rikers Is. Correctional Facility
2005 NY Slip Op 01438 [15 AD3d 314]
February 24, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 20, 2005


The People of the State of New York ex rel. Joseph Rucco, Appellant,
v
Warden, Rikers Island Correctional Facility, et al., Respondents.

[*1]Appeal from order, Supreme Court, Bronx County (Michael A. Gross, J.), entered January 7, 2004, which dismissed the petition for a writ of habeas corpus, unanimously dismissed, without costs, as moot.

Since petitioner has been reinstated to parole status, his appeal is moot (see People ex rel. McGann v Ross, 91 NY2d 865 [1997]). Concur—Tom, J.P., Mazzarelli, Andrias, Friedman and Gonzalez, JJ.