Appellate Division of the Supreme Court of New York, 2003

People ex rel. O'Connor v. Berbary

Appellate Division of the Supreme Court of New York · Decided November 21, 2003

1 A.D.2d 955; 767 N.Y.S.2d 714; 1 A.D.3d 955; 2003 N.Y. App. Div. LEXIS 12247

Opinion of the Court

Appeal from a judgment (denominated order) of Supreme Court, Erie County (Doyle, J.), entered December 20, 2002, which, inter alia, granted the petition for a writ of habeas corpus.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot (see People ex rel. Kendricks v Smith, 52 AD2d 1090 [1976]). Present — Pigott, Jr., PJ., Pine, Scudder, Gorski and Lawton, JJ.

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