People ex rel. Nicholas v. Mantello

Appeal from a judgment of the Supreme Court (Cobb, J.), entered March 11, 1992 in Greene County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Given that petitioner’s counsel has been provided with the trial transcript as requested by the petition in this proceeding, this appeal must be dismissed as moot (see, People ex rel. Woodworth v Campbell, 176 AD2d 1141). Were we to address the merits, we would affirm the judgment of Supreme Court. This Court has found that delay in supplying a trial transcript to a…