| People ex rel. Rush v Warden, Rikers Is. Corr. Facility |
| 2014 NYSlipOp 07311 [121 AD3d 601] |
| October 28, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| People of the State of New York ex rel. Rodney Rush,
Appellant, v Warden, Rikers Island Correctional Facility et al., Respondents. |
Rodney Rush, appellant pro se.
Eric T. Schneiderman, Attorney General, New York (David Lawrence III of counsel), for respondents.
Appeal from order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered March 4, 2013, which granted petitioner's motion to reargue the court's prior decision dismissing the petition for a writ of habeas corpus, and upon reargument, granted the writ to the extent of ordering a new preliminary hearing, unanimously dismissed, without costs, as moot.
The Attorney General has informed the Court that petitioner has reached the maximum expiration date of his sentence and thus, the appeal is moot (see e.g. People ex rel. Allen v Dalsheim, 48 NY2d 971 [1979]; People ex rel. Kato v Warden, Rikers Is. Correctional Facility, 52 AD3d 320 [1st Dept 2008]). Concur—Friedman, J.P., Renwick, Manzanet-Daniels, Feinman and Kapnick, JJ.