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MATTER OF THOMAS v. BURNS

440 KAH 19-02185.

206 A.D.3d 1647 (2022)

167 N.Y.S.3d 858

2022 NY Slip Op 03640

In the Matter of Victor K. Thomas, Appellant, v. W. Burns, Acting Superintendent of Mid-State C.F., Respondent.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

KATHRYN M. FESTINE, UTICA, FOR PETITIONER-APPELLANT.

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.

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

Memorandum: Petitioner appeals from an order denying his application seeking poor person status in connection with a proposed habeas corpus proceeding. We dismiss the appeal as moot (see generally People ex rel. Bush v Awopetu, 187 A.D.3d 1580, 1580-1581 [4th Dept 2020], lv denied 36 N.Y.3d 906 [2021]; People ex rel. Luck v Squires, 173 A.D.3d 1767, 1767-1768 [4th...

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