People ex rel. Burris v Reily
Motion No: 2006-10851
Slip Opinion No: 2007 NYSlipOp 61148(U)
Decided on January 12, 2007
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

M49357

E/sl

REINALDO E. RIVERA, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-10851

People ex rel. Darius Burris, appellant,

v Edward Reily, etc., et al., respondents.

(Ind. No. 1756/06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, entered October 11, 2006, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that it has been rendered academic (see People ex rel. Donohue v Montanye, 35 NY2d 221, 224); and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court