THE PEOPLE EX REL. PHILIP EGBERT V NEW YORK STATE DEPARTMENT OF CORRECTIONS
Motion No: KAH 09-01134 AND KAH 09-01135
Slip Opinion No: 2010 NY Slip Op 64667(U)
Decided on March 2, 2010
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.


March 2, 2010

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KAH 09-01134 AND KAH 09-01135
Index No: 20,689-08

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

PHILIP EGBERT, PETITIONER-APPELLANT,

V

NEW YORK STATE DEPARTMENT OF CORRECTIONS,

RESPONDENT-RESPONDENT.


Respondent having moved to dismiss the appeals taken from judgments of the Supreme Court, entered in the Office of the Clerk of the County of Wyoming on August 22, 2008 and April 23, 2009, on the ground that the appeals are moot,

Now, upon reading and filing the affirmation of Owen Demuth dated February 9, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and the appeals are dismissed.

Entered: March 2, 2010

Patricia L. Morgan, Clerk