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PEOPLE EX REL. SMITH v. CULLY

1218 KAH 12-02067

112 A.D.3d 1316 (2013)

976 N.Y.S.2d 906

2013 NY Slip Op 8694

THE PEOPLE OF THE STATE OF NEW YORK ex rel. UNIQUE SMITH, Appellant, v. MALCOLM R. CULLY, Superintendent, Collins Correctional Facility, et al., Respondents.

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

Decided December 27, 2013.

Appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County (John L. Michalski, A.J.), dated August 6, 2012 in a habeas corpus proceeding. The judgment dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner's appeal from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot by his...

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