| People ex rel. Scott Kato v Warden, Rikers Is. Correctional Facility |
| 2008 NY Slip Op 05367 |
| Decided on June 12, 2008 |
| Appellate Division, First Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 12, 2008
Tom, J.P., Saxe, Friedman, Buckley, Catterson, JJ.
3919 75071/07
[*1]The People of the State of New York ex rel. Scott Kato, Petitioner-Appellant,
v
Warden, Rikers Island Correctional Facility, et al., Respondents-Respondents.
v
Warden, Rikers Island Correctional Facility, et al., Respondents-Respondents.
Law Office of Kenneth M. Tuccillo, Hastings-On-Hudson
(Kenneth M. Tuccillo of counsel), for appellant.
Andrew M. Cuomo, Attorney General, New York (Justin R.
Long of counsel), for respondents.
Appeal from order, Supreme Court, Bronx County (Darcel D. Clark, J.), entered July 31, 2007, which denied the petition for a writ of habeas corpus, unanimously dismissed as moot, without costs.
The Attorney General has informed the Court that petitioner has been discharged from state custody upon the maximum expiration date of his sentence, thus rendering the appeal and underlying proceeding moot.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JUNE 12, 2008
CLERK