In the Matter of John Carroll v Brian Fischer as Commissioner of New York State Department of Correctional Services et Index No. 14448- 07



In the Matter of John Carroll v Brian Fischer as Commissioner of New York State Department of Correctional Services et Index No. 14448-07
Motion No: 504673
Slip Opinion No: 2008 NYSlipOp 87240(U)
Decided on October 16, 2008
Appellate Division, Third 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.



Decided and Entered: October 16, 2008

Case # 504673


In the Matter of JOHN CARROLL, Appellant,

v
BRIAN FISCHER, as Commissioner of
New York State Department of Correctional Services, et al.,
Respondents.
Index No. 14448-07


DECISION AND ORDER
ON MOTION



Application to withdraw and discontinue appeal.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted, without costs.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court