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

People ex rel. Guillont v Warden of Rikers Is. Correctional Facility 2007 NY Slip Op 07374 [44 AD3d 354] October 4, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Tuesday, March 4, 2008

The People of the State of New York ex rel. Pedro Guillont, Appellant,
v
Warden of Rikers Island Correctional Facility, Respondent, and New York State Division of Parole, Respondent.

—[*1] Steven Banks, The Legal Aid Society, New York (Bonnie C. Brennan of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York (Cecelia C. Chang of counsel), for New York State Division of Parole, respondent.

Appeal from order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered July 28, 2005, which dismissed the petition for a writ of habeas corpus, unanimously dismissed as moot, without costs.

The appeal is moot in light of petitioner's release to parole supervision (People ex rel. McGann v Ross, 91 NY2d 865 [1997]; People ex rel. Abreu v Warden of Rikers Is. Correctional Facility, 37 AD3d 353 [2007], lv denied 8 NY3d 811 [2007]). Petitioner's arguments that the appeal is not moot are unavailing. Were we not dismissing the appeal, we would affirm. Concur—Mazzarelli, J.P., Saxe, Sullivan, Catterson and Kavanagh, JJ.