People of State of New York ex rel. Herbert T. Jones v Joseph J. Costello

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People ex rel. Jones v Costello 2005 NY Slip Op 08530 [23 AD3d 1121] November 10, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 18, 2006

The People of the State of New York ex rel. Herbert T. Jones, Appellant, v Joseph J. Costello, as Superintendent of Mid-State Correctional Facility, Respondent.

—[*1]Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), entered March 8, 2004. The judgment dismissed 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 Matter of Ansari v Travis, 9 AD3d 901 [2004], lv denied 3 NY3d 610 [2004]). Present—Kehoe, J.P., Martoche, Pine, Lawton and Hayes, JJ.