People ex rel. Vanille v Superintendent, Orleans Correctional Facility
2011 NY Slip Op 02160 [82 AD3d 1583]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


The People of the State of New York ex rel. John D. Vanille, Respondent,
v
Superintendent, Orleans Correctional Facility, et al., Appellants. (Appeal No. 1.)

—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondents-appellants.

Emmett J. Creahan, Director, Mental Hygiene Legal Service, Buffalo (Vicky L. Valvo of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Orleans County (Tracey A. Bannister, J.), entered May 8, 2009 in a proceeding pursuant to CPLR article 70. The order granted the petition for a writ of habeas corpus and directed respondent New York State Department of Correctional Services to release petitioner from custody.

It is hereby ordered that said appeal is unanimously dismissed without costs (see generally CPLR 5501 [a] [1]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]). Present—Smith, J.P., Fahey, Carni, Sconiers and Martoche, JJ.