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

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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 22, 2007
• Status: Published

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.