People ex rel. Barnes v Williams

2008 NY Slip Op 05149 [52 AD3d 1228] [52 AD3d 1228]

June 6, 2008

Appellate Division, Fourth Department

As corrected through Wednesday, August 13, 2008

The People of the State of New York ex rel. Vernon Barnes,Appellant, v Melvin Williams, Superintendent, Willard Drug Treatment Campus,Respondent.

—[*1]Charles J. Greenberg, Buffalo, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), forrespondent-respondent.

Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.),entered May 3, 2007 in a habeas corpus proceeding. The judgment dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his petition seeking a writ ofhabeas corpus. Inasmuch as petitioner was conditionally released to parole supervision during thependency of the appeal, the appeal is moot (see People ex rel. Vasquez v Filion, 22 AD3d 991, 992 [2005];People ex rel. Williams v Zelker, 38 AD2d 845 [1972]). Present—Scudder, P.J.,Hurlbutt, Smith, Green and Gorski, JJ. [See 2007 NY Slip Op 30048(U).]