People of State of New York ex rel. Alfred O'Connor v James L. Berbary

People ex rel. O'Connor (Lasch) v Berbary 2003 NY Slip Op 18634 [1 AD3d 955] November 21, 2003 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 28, 2004

The People of State of New York ex rel. Alfred O'Connor, on Behalf of Kevin Lasch, Respondent,
v
James L. Berbary, as Superintendent of Collins Correctional Facility, et al., Appellants.

—Appeal from a judgment (denominated order) of Supreme Court, Erie County (Doyle, J.), entered December 20, 2002, which, inter alia, granted the petition for a writ of habeas corpus.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot (see People ex rel. Kendricks v Smith, 52 AD2d 1090 [1976]). Present—Pigott, Jr., P.J., Pine, Scudder, Gorski and Lawton, JJ.