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

People ex rel. Abreu v Warden of Rikers Is. Correctional Facility 2007 NY Slip Op 01489 [37 AD3d 353] February 22, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

The People of the State of New York ex rel. Elias Abreu, Appellant,
v
Warden of Rikers Island Correctional Facility et al., Respondents.

—[*1] Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Andrew M. Cuomo, Attorney General, New York (Lisa Fleischmann of counsel), for respondents.

Appeal from order, Supreme Court, Bronx County (Peter J. Benitez, J.), entered November 21, 2005, which dismissed the petition for a writ of habeas corpus, unanimously dismissed as moot, without costs.

Since petitioner has been reinstated to parole status, his appeal is moot (see People ex rel. McGann v Ross, 91 NY2d 865 [1997]). Defendant's arguments against mootness are without merit. In any event, were we not dismissing the appeal, we would affirm. Concur—Mazzarelli, J.P., Saxe, Marlow, Nardelli and Gonzalez, JJ.