| PEOPLE EX REL. ANTHONY SMALLWOOD V ROBERT DENNISON, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE; SUSAN CONNELL |
| Motion No: KAH 07-01912 |
| Slip Opinion No: 2008 NYSlipOp 79080(U) |
| Decided on July 24, 2008 |
| 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: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
KAH 07-01912
Index No: CA2007-000685
| PEOPLE OF THE STATE OF NEW YORK EX REL. ANTHONY SMALLWOOD,
PETITIONER-APPELLANT, V ROBERT DENNISON, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE; SUSAN CONNELL, SUPERINTENDENT, ONEIDA
CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS. |
Counsel for appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida, on July 2, 2007, and for other relief,
Now, upon reading and filing the affirmation of V. Michael Liccione, dated June 19, 2008, the notice of motion with proof of service thereof, the letter of Peter H. Schiff, dated June 24, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is, granted to the extent that the dismissal is vacated, and
It is further ORDERED that the appeal is dismissed as moot.
Entered: July 24, 2008
JoAnn M. Wahl, Clerk