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PEOPLE EX REL. SEALS v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

32 A.D.3d 1262 (2006)

822 N.Y.S.2d 351

THE PEOPLE OF THE STATE OF NEW YORK ex rel. EDDIE SEALS, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 29, 2006.

It is hereby ordered that said appeal be and the same hereby is dismissed without costs.

Memorandum: Because petitioner was released on parole on September 20, 2005, we dismiss this appeal as moot. We note, however, that, were this appeal properly before us, we would reverse the judgment. The record establishes that Supreme Court initially granted the petition seeking a writ of habeas corpus and that respondent thereafter...

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