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People ex rel. Rucco v. Warden, Rikers Island Correctional Facility

15 A.D.3d 314 Court N.Y. App. Div. Decision date 2005-02-24 English

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p. 314
The People of the State of New York ex rel. Joseph Rucco, Appellant, v Warden, Rikers Island Correctional Facility, et al., Respondents.
[789 NYS2d 884]

Appeal from order, Supreme Court, Bronx County (Michael A. Gross, J.), entered January 7, 2004, which dismissed the petition for a writ of habeas corpus, unanimously dismissed, without costs, as moot.

Since petitioner has been reinstated to parole status, his appeal is moot (see People ex rel. McGann v Ross, 91 NY2d 865 [1997]). Concur — Tom, J.E, Mazzarelli, Andrias, Friedman and Gonzalez, JJ.