People ex rel. Cochran v Savage
2008 NY Slip Op 06083 [53 AD3d 1110]
July 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008


The People of the State of New York ex rel. Jimmy Cochran, Appellant, v Richard A. Savage, Superintendent, Gowanda Correctional Facility, Respondent.

—[*1] Kevin J. Bauer, Buffalo, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Andrew B. Ayers of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Shirley Troutman, A.J.), entered May 16, 2007 in a habeas corpus proceeding. The judgment, insofar as appealed from, denied the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see People ex rel. Kendricks v Smith, 52 AD2d 1090 [1976]). Present—Scudder, P.J., Centra, Fahey, Peradotto and Pine, JJ.