People ex rel. Rush v. Warden, Rikers Is. Correctional Facility

121 A.D.3d 601, 993 N.Y.S.2d 913

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 28, 2014
• Docket: 13340 340526/12
• Status: Published

Opinion

Appeal from order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered March 4, 2013, which granted petitioner’s motion to reargue the court’s prior decision dismissing the petition for a writ of habeas corpus, and upon reargument, granted the writ to the extent of ordering a new preliminary hearing, unanimously dismissed, without costs, as moot.

The Attorney General has informed the Court that petitioner has reached the maximum expiration date of his sentence and thus, the appeal is moot (see e.g. People ex rel. Allen v Dalsheim, 48 NY2d 971 [1979]; People ex rel. Kato v Warden, Rikers Is. Correctional Facility, 52 AD3d 320 [1st Dept 2008]).

Concur— Friedman, J.P., Renwick, Manzanet-Daniels, Feinman and Kapnick, JJ.