| People ex rel. Short v Fennessy |
| 2021 NY Slip Op 03762 [195 AD3d 1463] |
| June 11, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York ex rel. Stefen R. Short,
Esq., on Behalf of John Frateschi and Others, Appellant, v William Fennessy, Superintendent, Mid-State Correctional Facility, et al., Respondents. |
The Legal Aid Society Prisoners' Rights Project, New York City (Stefen R. Short of counsel) and Kasowitz Benson Torres LLP, for petitioner-appellant.
Letitia James, Attorney General, Albany (Sarah L. Rosenbluth of counsel), for respondents-respondents.
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (David A. Murad, J.), entered May 11, 2020, in a habeas corpus proceeding. The judgment granted the motion of respondents to dismiss the petition and dismissed the petition.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 26 and 30, 2021,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, Peradotto, Lindley and DeJoseph, JJ.