Civil Procedure · MBE-tested
The People of State of New York ex rel. Edward Nelson, Appellant, v. James Berbary, as Superintendent of Collins Correctional Facility, et al., Respondents
306 A.D.2d 918762 N.Y.S.2d 314·New York Supreme Court, Appellate Division·2003·NY
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Opinion
The People of State of New York ex rel. Edward Nelson, Appellant, v James Berbary, as Superintendent of Collins Correctional Facility, et al., Respondents.
[762 NYS2d 314]
[MAJORITY]
—Appeal from a judgment (denominated order) of Supreme Court, Erie County (D’Amico, J.), entered August 14, 2001, which denied 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. Wilder v Markley, 26 NY2d 648 [1970], rearg denied 27 NY2d 737 [1970]). Present — Pine, J.P., Hurlbutt, Scudder, Kehoe and Hayes, JJ.