People ex rel. Jose S. v. Bennett

Appellate Division of the Supreme Court of New York

People ex rel. Jose S. v. Bennett

251 A.D.2d 689, 675 N.Y.S.2d 553, 1998 N.Y. App. Div. LEXIS 7919

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 29, 1998

StatusPublished

Cited by2 cases

This text of 251 A.D.2d 689 (People ex rel. Jose S. v. Bennett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Jose S. v. Bennett, 251 A.D.2d 689, 675 N.Y.S.2d 553, 1998 N.Y. App. Div. LEXIS 7919 (N.Y. Ct. App. 1998).

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Opinion

• —In a habeas corpus proceeding, the appeal is from an order of the Supreme Court, Orange County (Berry, J.), dated August 4, 1997, which denied the petitioner’s application for a writ.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

While the instant appeal was pending, the petitioner was released from the Mid-Hudson Psychiatric Center (hereinafter Mid-Hudson), in Orange County, and the underlying criminal action against him was resumed and completed. Accordingly, the appeal from the order denying the petitioner’s application for a writ of habeas corpus challenging the legality of his continued detention in Mid-Hudson must be dismissed as academic. We merely note that the Supreme Court, Orange County, erred in determining that Orange County was not the proper venue for the instant habeas corpus proceeding (see, People ex rel. Alexander S. v Bennett, 251 AD2d 690 [decided herewith]). O’Brien, J. P., Santucci, Joy and Friedmann, JJ., concur.

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• —In a habeas corpus proceeding, the appeal is from an order of the Supreme Court, Orange County (Berry, J.), dated August 4, 1997, which denied the petitioner’s application for a writ.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

While the instant appeal was pending, the petitioner was released from the Mid-Hudson Psychiatric Center (hereinafter Mid-Hudson), in Orange County, and the underlying criminal action against him was resumed and completed. Accordingly, the appeal from the order denying the petitioner’s application for a writ of habeas corpus challenging the legality of his continued detention in Mid-Hudson must be dismissed as academic. We merely note that the Supreme Court, Orange County, erred in determining that Orange County was not the proper venue for the instant habeas corpus proceeding (see, People ex rel. Alexander S. v Bennett, 251 AD2d 690 [decided herewith]). O’Brien, J. P., Santucci, Joy and Friedmann, JJ., concur.

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Bluebook (online)

251 A.D.2d 689, 675 N.Y.S.2d 553, 1998 N.Y. App. Div. LEXIS 7919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-jose-s-v-bennett-nyappdiv-1998.

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