People ex rel. Santiago v Unger
2008 NY Slip Op 10432 [57 AD3d 1520]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


The People of the State of New York ex rel. Rolando Santiago, Appellant, v David Unger, Superintendent, Orleans Correctional Facility, Respondent.

—[*1] Kathleen P. Reardon, Rochester, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered August 29, 2007. The judgment granted the motion of respondent to dismiss the petition for a writ of habeas corpus for failure to state a cause of action.

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., Hurlbutt, Fahey, Peradotto and Pine, JJ.