| THE PEOPLE EX REL., ZACHARY CLARK V JOSEPH GERACE, SHERIFF, CHAUTAUQUA COUNTY, AND NEW YORK STATE DIVISION OF PAROLE |
| Motion No: KAH 08-02543 |
| Slip Opinion No: 2009 NYSlipOp 62188(U) |
| Decided on January 22, 2009 |
| 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 08-02543
Index No: K1-2008-001255
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., ZACHARY CLARK,
PETITIONER-APPELLANT, V JOSEPH GERACE, SHERIFF, CHAUTAUQUA COUNTY, AND NEW YORK STATE DIVISION OF PAROLE,
RESPONDENTS-RESPONDENTS. |
Petitioner having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken from an order of the Supreme Court, Chautauqua County, entered July 29, 2008,
Now, upon reading and filing the affidavit of Zachary Clark, sworn to November 26, 2008, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that the appeal is dismissed as moot.
Entered: January 22, 2009
JoAnn M. Wahl, Clerk