| People ex rel. Osborne v New York State Department of Corr |
| Motion No: 2010-10812 |
| Slip Opinion No: 2010 NY Slip Op 91174(U) |
| Decided on December 17, 2010 |
| 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
M112731
E/sl
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2010-10812 The People, etc., ex rel., Rafael Osbourne, appellant, v New York State Department of Correctional Services, et al., respondents. (Index No. 1055/06)
| DECISION & ORDER ON MOTION |
Motion by Rafael Osbourne on an appeal from an order of the Supreme Court, Nassau County, dated June 18, 2010, for poor person relief and to waive any filing fees.
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 on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that it has been rendered academic by the release of the appellant on September 9, 2010; and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court