People ex rel. DeGranfinreid v Khahaifa
2011 NY Slip Op 02209 [82 AD3d 1640]
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. Terry DeGrafinreid, Appellant,
v
S. Khahaifa, Superintendent, Orleans Correctional Facility, et al., Respondents.

—[*1] Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of counsel), for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondents-respondents.

Appeal from a judgment (denominated decision and order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered January 14, 2010 in a habeas corpus proceeding. The judgment dismissed 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, Carni, Sconiers and Green, JJ.