People ex rel. Galipo v. Smith — 52 A.D.2d 1088

Majority

p. 1088

The People of the State of New York ex rel. Stephan L. Galipo, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.

Appeal unanimously dismissed as moot. Memorandum: Relator having received the relief he asserts as the basis for his petition, the matter is academic. (Foote v Flood, 44 AD2d 566 , app dsmd as academic, 34 NY2d 803 ; Matter of Mullins v State Bd. of Parole, 43 AD2d 382 , app dsmd as moot, 35 NY2d 992 .) (Appeal from judgment of Wyoming Supreme Court dismissing writ of habeas corpus.) Present—Marsh, P. J., Simons, Mahoney, Goldman and Witmer, JJ.

Cases cited

Foote v. Flood 34 NY2d 803 N.Y. 1974-06-06 p. 1088
Claim of Mullins v. State Board of Parole 43 AD2d 382 N.Y. App. Div. 1974-02-07 p. 1088
Claim of Mullins v. State Board of Parole 35 NY2d 992 N.Y. 1975-01-22 p. 1088