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PEOPLE EX REL. BOOTH v. WARDEN, OTIS BANTUM CORRECTIONAL CENTER

2017-11408.

157 A.D.3d 711 (2018)

66 N.Y.S.3d 647

2018 NY Slip Op 00158

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CHRISTOPHER BOOTH, on Behalf of DWAYNE BLACKWOOD, Petitioner, v. WARDEN, OTIS BANTUM CORRECTIONAL CENTER, Respondent.

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

Decided January 10, 2018.

Ordered that the application for leave to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

Adjudged that the writ is dismissed as academic, without costs or disbursements.

The issues raised on this writ of habeas corpus are academic, as the detainee has been indicted (see People ex rel. Vancour v Scoralick,

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