People ex rel. Trimmer v. Bartlett

Appellate Division of the Supreme Court of New York

People ex rel. Trimmer v. Bartlett

191 A.D.2d 843, 595 N.Y.S.2d 696, 1993 N.Y. App. Div. LEXIS 2348

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

DecidedMarch 11, 1993

StatusPublished

This text of 191 A.D.2d 843 (People ex rel. Trimmer v. Bartlett) 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. Trimmer v. Bartlett, 191 A.D.2d 843, 595 N.Y.S.2d 696, 1993 N.Y. App. Div. LEXIS 2348 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Appeal from a judgment of the County Court of Che-mung County (Castellino, J.), entered January 28, 1992, which [844]*844dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

The People contend that petitioner has been extradited to New Hampshire. In correspondence to this Court, petitioner acknowledges that he was delivered to New Hampshire authorities and is now in custody in that State. Because petitioner is no longer in respondent’s custody, the appeal is moot (see, People ex rel. Bilboa v Romano, 106 AD2d 595).

Weiss, P. J., Yesawich Jr., Mahoney, Casey and Harvey, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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—Appeal from a judgment of the County Court of Che-mung County (Castellino, J.), entered January 28, 1992, which [844]*844dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

The People contend that petitioner has been extradited to New Hampshire. In correspondence to this Court, petitioner acknowledges that he was delivered to New Hampshire authorities and is now in custody in that State. Because petitioner is no longer in respondent’s custody, the appeal is moot (see, People ex rel. Bilboa v Romano, 106 AD2d 595).

Weiss, P. J., Yesawich Jr., Mahoney, Casey and Harvey, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

191 A.D.2d 843, 595 N.Y.S.2d 696, 1993 N.Y. App. Div. LEXIS 2348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-trimmer-v-bartlett-nyappdiv-1993.

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