| THE PEOPLE EX REL. ROGER MILES V DONALD LIVINGSTON, SUPERINTENDENT, ERIE COUNTY CORRECTIONAL FACILITY, AND ROBERT J. |
| Motion No: KAH 07-02322 |
| Slip Opinion No: 2008 NYSlipOp 91585(U) |
| Decided on December 2, 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., MARTOCHE, SMITH, GREEN, AND GORSKI, JJ.
KAH 07-02322
Index No: I-2006-3587
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. ROGER MILES,
PETITIONER-APPELLANT, V DONALD LIVINGSTON, SUPERINTENDENT, ERIE COUNTY CORRECTIONAL FACILITY, AND ROBERT J. DENNISON,
CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS. |
Counsel for appellant having moved to dismiss the appeal taken from a judgment (denominated order) of the Supreme Court, Erie County, entered August 27, 2007, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Charles J. Greenberg, dated November 10, 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 (see People ex rel. Ciccarelli v Saxton, 23 AD3d 1095 [2005], lv denied 6 NY3d 708 [2006]).
Entered: December 2, 2008
JoAnn M. Wahl, Clerk