| IN THE MATTER OF ANDREA KALINOWSKI V TIMOTHY HOWARD, SHERIFF, BRIAN D. DOYLE, UNDERSHERIFF DONALD J. LIVINGSTON |
| Motion No: CA 08-02562 |
| Slip Opinion No: 2009 NY Slip Op 72912(U) |
| Decided on May 18, 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: HURLBUTT, J.P., CENTRA, PERADOTTO, CARNI, AND GORSKI, JJ.
DOCKET NO. CA 08-02562
| IN THE MATTER OF ANDREA KALINOWSKI, PETITIONER-RESPONDENT, V
TIMOTHY HOWARD, SHERIFF, BRIAN D. DOYLE, UNDERSHERIFF DONALD J. LIVINGSTON, SUPERINTENDENT, JAIL MANAGEMENT DIVISION, ROBERT A.
KOCH, FIRST DEPUTY SUPERINTENDENT, ERIE COUNTY CORRECTIONAL FACILITY, AND ERIE COUNTY,
RESPONDENTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 21, 2008, on the ground that the appeal is moot,
Now, upon reading and filing the affidavit of Diane M. Roberts sworn to May 1, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Brian R. Liebenow dated May 8, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: May 18, 2009
Patricia L. Morgan, Clerk