| THE PEOPLE EX REL., RICHARD HAWKINS V ACTING SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: KAH 08-00681 |
| Slip Opinion No: 2008 NYSlipOp 83398(U) |
| Decided on September 15, 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.
KAH 08-00681
Index No: 07-33923
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., RICHARD HAWKINS,
PETITIONER-APPELLANT, V ACTING SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Counsel for appellant having moved to dismiss the appeal taken from an order of the Supreme Court, Orleans Count, entered December 28, 2007, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Charles J. Greenberg, dated September 2, 2008, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed, and
It is further ORDERED that the order of this Court entered April 17, 2008 assigning Charles J. Greenberg to perfect the appeal is vacated.
Entered: September 15, 2008
JoAnn M. Wahl, Clerk