People ex rel. Rucco v. Warden, Rikers Island Correctional Facility

Appeal from order, Supreme Court, Bronx County (Michael A. Gross, J.), entered January 7, 2004, which dismissed the petition for a writ of habeas corpus, unanimously dismissed, without costs, as moot.

Since petitioner has been reinstated to parole status, his appeal is moot (see People ex rel. McGann v Ross, 91 NY2d 865 [1997]). Concur — Tom, J.E, Mazzarelli, Andrias, Friedman and Gonzalez, JJ.