| Matter of Acevedo v N.Y.S. Department of Correctional Serv |
| Motion No: 2007-08421 |
| Slip Opinion No: 2009 NYSlipOp 62707(U) |
| Decided on February 3, 2009 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M81927
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2007-08421 In the Matter of Augusto Acevedo, appellant, v N.Y.S. Department of Correctional Services, respondent. (Index No. 07-1767)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated April 26, 2007, on the ground that it has been rendered academic by the appellant's resentencing.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, on the ground that the appeal has been rendered academic by the appellant's resentencing.
FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court