People ex rel Abreu v. Warden of Rikers Island Correctional Facility

37 A.D.3d 353, 828 N.Y.S.2d 895

Opinion

Appeal from order, Supreme Court, Bronx County (Peter J. Benitez, J.), entered November 21, 2005, which dismissed the petition for a writ of habeas corpus, unanimously dismissed as moot, without costs.

Since petitioner has been reinstated to parole status, his appeal is moot (see People ex rel. McGann v Ross, 91 NY2d 865 [1997]). Defendant’s arguments against mootness are without merit. In any event, were we not dismissing the appeal, we would affirm. Concur—Mazzarelli, J.P, Saxe, Marlow, NardeUi and Gonzalez, JJ.