ARCHIE, DEREK L. v. STALLONE, DAVID

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department OP 10-01878 PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, SCONIERS, AND GORSKI, JJ.

IN THE MATTER OF PEOPLE EX REL. J.A. SESSION, ATTORNEY ON BEHALF OF DEREK L. ARCHIE, ALSO KNOWN AS DIESE GAME DIESE, PETITIONER, V ORDER DAVID STALLONE, SUPERINTENDENT, CAYUGA CORRECTIONAL FACILITY, RESPONDENT.

J.A. SESSION, ROCHESTER, PETITIONER PRO SE.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MARLENE O. TUCZINSKI OF COUNSEL), FOR RESPONDENT.

Proceeding pursuant to CPLR article 70 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 7002 [b] [2]) seeking a writ of habeas corpus.

It is hereby ORDERED that said petition is unanimously dismissed without costs as moot.

Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court