Legal Opinion
People ex rel. Smith v. Cully
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2013PublishedCited by 2 opinions
1Opinion of the Court
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.
*1317It 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 release from custody upon reaching his maximum expiration date (see People ex rel. Baron v New York State Dept. of Corrections, 94 AD3d 1410, 1410 [2012], lv denied 19 NY3d 807 [2012];…
2Cases cited3 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- People ex rel. Baron v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2012
- People ex rel. Kendricks v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by2 opinions
- People ex rel. Phillips v. New York State Dept. of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2021
- STOKES, RICHIE v. OF PAROLE, THE DIVISIONAppellate Division of the Supreme Court of the State of New York · 2016