MATTER OF DOUGLAS SMITH V DONALD SAWYER, EXECUTIVE DIRECTOR, CENTRAL NEW YORK PSYCHIATRIC CENTER AND MICHAEL F. HOGAN
Motion No: CA 10-01082
Slip Opinion No: 2010 NY Slip Op 75903(U)
Decided on June 29, 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.


June 29, 2010

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

DOCKET NO. CA 10-01082

MATTER OF DOUGLAS SMITH, PETITIONER-RESPONDENT,

V

DONALD SAWYER, EXECUTIVE DIRECTOR, CENTRAL NEW YORK

PSYCHIATRIC CENTER AND MICHAEL F. HOGAN, COMMISSIONER, OF

THE NEW YORK STATE OFFICE OF MENTAL HEALTH,

RESPONDENTS-APPELLANTS.


Petitioner having moved for permission to proceed as a poor person on the appeal taken herein from order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 14, 2010, and other relief,

Now, upon reading and filing the affirmation of Elizabeth S. Fortino, Esq. dated May 11, 2010, the affidavit of Douglas Smith sworn to April 30, 2010, the notice of motion with proof of service thereof, the statement of Kathleen M. Treasure, Esq. dated May 27, 2010, the stipulation withdrawing and discontinuing the appeal dated May 27 and 28, 2010, the statement of Raymond Bara, Esq. dated May 28, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as moot.

Entered: June 29, 2010

Patricia L. Morgan, Clerk