| PEOPLE EX REL., BISHME SMITH V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY Index No: 39565 |
| Motion No: KAH 07-01697 |
| Slip Opinion No: 2007 NYSlipOp 84724(U) |
| Decided on November 28, 2007 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
KAH 07-01697
| PEOPLE OF THE STATE OF NEW YORK EX REL., BISHME SMITH,
PETITIONER-APPELLANT. V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT, Index
No: 39565 |
Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on June 7, 2007, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Charles J. Greenberg, dated October 9, 2007, the notice of motion with proof of service thereof, and there being no opposition thereto, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed.
Entered: November 28, 2007
JoAnn M. Wahl, Clerk