Matter of Key v New York State Division of Parole
Motion No: 2006-04177
Slip Opinion No: 2006 NYSlipOp 80821(U)
Decided on November 29, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M47298

Y/sl

THOMAS A. ADAMS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-04177

In the Matter of Jeffrey Key, respondent, v

New York State Division of Parole, appellant.

(Index No. 26759/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated March 22, 2006, on the ground that it has been rendered academic. Cross application by the appellant to withdraw the appeal.

Upon the papers filed in support of the motion and cross application and the papers filed in relation thereto, it is

ORDERED that the cross application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

ADAMS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court