Matter of People ex rel. Session v Stallone (2011 NY Slip Op 00853)

Matter of People ex rel. Session v Stallone

2011 NY Slip Op 00853 [81 AD3d 1291]

February 10, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 30, 2011

In the Matter of The People of the State of New York ex rel. J.A. Session, Attorney, on Behalf of Derek L. Archie, Also Known as Diese Game Diese, Petitioner,
v
David Stallone, Superintendent, Cayuga Correctional Facility, Respondent.

—[*1] J.A. Session, Rochester, petitioner pro se. Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent.

Proceeding pursuant to CPLR article 70 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 7002 [b] [2]) seeking a writ of habeas corpus.

It is hereby ordered that said petition is unanimously dismissed without costs as moot. Present—Centra, J.P., Fahey, Peradotto, Sconiers and Gorski, JJ.