| People ex rel. DeMaille v New York State Division of Parole |
| Motion No: 2007-02250 |
| Slip Opinion No: 2007 NYSlipOp 67724(U) |
| Decided on April 18, 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. |
Appellate Division: Second Judicial Department
M53430
E/cb
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2007-02250 The People, etc., ex rel. Vincent J. DeMaille, appellant, v New York State Division of Parole, etc., respondent. (Index No. 5900/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated December 12, 2006, as a poor person.
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 the appeal has been rendered academic (see People ex rel. DeFlumer v Strack, 85 NY2d 966; People ex rel. Alexander S. v Bennett, 251 AD2d 690; People ex rel. Jose S. v Bennett, 251 AD2d 689); and it is further,
ORDERED that the motion is denied as academic.
SCHMIDT, J.P., GOLDSTEIN, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court