| IN THE MATTER OF JOHN HOGAN V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 10-00412 |
| Slip Opinion No: 2011 NY Slip Op 70528(U) |
| Decided on April 20, 2011 |
| 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: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND GREEN, JJ.
DOCKET NO. CA 10-00412
| IN THE MATTER OF JOHN HOGAN, PETITIONER-APPELLANT, V BRIAN
FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT. |
Appellant having move for an order denying dismissal of the appeal as moot or, in the alternative, awarding appellant costs incurred in the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on December 17, 2009,
Now, upon reading and filing the statement of John Hogan dated March 13, 2011, the notice of motion with proof of service thereof, and the affirmation of Marcus J. Mastracco, Esq. dated March 24, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: April 20, 2011
Patricia L. Morgan, Clerk