People ex rel. Quinn v Morrissey
2010 NY Slip Op 03695 [72 AD3d 1630]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


The People of the State of New York ex rel. Napoleon Quinn, Appellant, v James Morrissey, Superintendent, Butler Correctional Facility, Respondent.

—[*1] Tyson Blue, Macedon, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wayne County (Stephen R. Sirkin, A.J.), entered December 11, 2008 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see People ex rel. Hampton v Dennison, 59 AD3d 951 [2009], lv denied 12 NY3d 711 [2009]). Present—Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.