| People ex rel. Whaley v Graham |
| 2007 NY Slip Op 03463 [39 AD3d 1232] |
| April 20, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| the People of the State of New York ex rel. John Whaley, Appellant, v Harold Graham, as Superintendent of Auburn Correctional Facility, Respondent. |
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Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.
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.
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 [1976]). Present—Gorski, J.P., Lunn, Fahey, Green and Pine, JJ.