| THE PEOPLE V ALFREDO DIJOHN |
| Motion No: CA 09-00161 |
| Slip Opinion No: 2009 NY Slip Op 83301(U) |
| Decided on September 15, 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.
DOCKET NO. CA 09-00161
| THE PEOPLE OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V
ALFREDO DIJOHN, RESPONDENT-APPELLANT. |
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 Steuben on December 8, 2008, on the ground, inter alia, that the appeal is moot,
Now, upon reading and filing the affirmation of Kathleen M. Treasure dated August 19, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Kevin C. O'Connell dated September 4, 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 (see Matter of Javier R., 10 NY3d 754 [2008]).
Entered: September 15, 2009
Patricia L. Morgan, Clerk