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

People ex rel. Kato v Warden, Rikers Is. Correctional Facility 2008 NY Slip Op 05367 [52 AD3d 320] [52 AD3d 320] June 12, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 13, 2008

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

—[*1] Law Office of Kenneth M. Tuccillo, Hastings-On-Hudson (Kenneth M. Tuccillo of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York (Justin R. Long of counsel), for respondents.

Appeal from order, Supreme Court, Bronx County (Darcel D. Clark, J.), entered July 31, 2007, which denied the petition for a writ of habeas corpus, unanimously dismissed as moot, without costs.

The Attorney General has informed the Court that petitioner has been discharged from state custody upon the maximum expiration date of his sentence, thus rendering the appeal and underlying proceeding moot. Concur—Tom, J.P., Saxe, Friedman, Buckley and Catterson, JJ.