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

Appellate Division of the Supreme Court of New York

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

44 A.D.3d 354, 841 N.Y.S.2d 877

Appellate Division of the Supreme Court of the State of New York·Decided October 4, 2007·Published

Opinion

Appeal from order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered July 28, 2005, which dismissed the petition for a writ of habeas corpus, unanimously dismissed as moot, without costs.

The appeal is moot in light of petitioner’s release to parole supervision (People ex rel. McGann v Ross, 91 NY2d 865 [1997]; People ex rel. Abreu v Warden of Rikers Is. Correctional Facility, 37 AD3d 353 [2007], lv denied 8 NY3d 811 [2007]). Petitioner’s arguments that the appeal is not moot are unavailing. Were we not dismissing the appeal, we would affirm. Concur—Mazzarelli, J.P., Saxe, Sullivan, Catterson and Kavanagh, JJ.

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Appeal from order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered July 28, 2005, which dismissed the petition for a writ of habeas corpus, unanimously dismissed as moot, without costs.

The appeal is moot in light of petitioner’s release to parole supervision (People ex rel. McGann v Ross, 91 NY2d 865 [1997]; People ex rel. Abreu v Warden of Rikers Is. Correctional Facility, 37 AD3d 353 [2007], lv denied 8 NY3d 811 [2007]). Petitioner’s arguments that the appeal is not moot are unavailing. Were we not dismissing the appeal, we would affirm. Concur—Mazzarelli, J.P., Saxe, Sullivan, Catterson and Kavanagh, JJ.

People ex rel. Guillont v. Warden of Rikers Island Correctional Facility, 44 A.D.3d 354, 841 N.Y.S.2d 877 (N.Y. Ct. App. 2007).

Pincite

44 A.D.3d 354 (People ex rel. Guillont v. Warden of Rikers Island Correctional Facility) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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