| MATTER OF DAVID OHNMACHT, V THOMAS POOLE, SUPERINTENDENT, . |
| Motion No: CA 08-00287 |
| Slip Opinion No: 2008 NYSlipOp 83383(U) |
| Decided on September 11, 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00287
| MATTER OF DAVID OHNMACHT, PETITIONER-RESPONDENT-APPELLANT,
V THOMAS POOLE, SUPERINTENDENT, RESPONDENT-APPELLANT-RESPONDENT. |
Appellant-respondent having moved to dismiss the appeal and cross appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on February 8, 2008, on the ground that they are moot,
Now, upon reading and filing the affirmation of Martin A. Hotvet dated July 23, 2008, the affidavit of Gerard Guiney sworn to July 17, 2008, the notice of motion with proof of service thereof, the statement of David Ohnmacht dated August 26, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal and cross appeal are dismissed without costs.
Entered: September 11, 2008
JoAnn M. Wahl, Clerk