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People ex rel Santiago v. Unger

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 31, 2008

THE PEOPLE OF THE STATE OF NEW YORK EX REL. ROLANDO SANTIAGO, PETITIONER-APPELLANT,
v.
DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered August 29, 2007. The judgment granted the motion of respondent to dismiss the petition for a writ of habeas corpus for failure to state a cause of action.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., HURLBUTT, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that said appeal is unanimously dismissed without costs as moot (see People ex rel. Kendricks v Smith, 52 AD2d 1090).

20081231

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