| Matter of Black v New York State Division of Parole |
| Motion No: 2010-08779 |
| Slip Opinion No: 2011 NY Slip Op 77367(U) |
| Decided on June 30, 2011 |
| 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
M122508
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-08779 In the Matter of Robbie Black, appellant, v New York State Division of Parole, respondent. (Index No. 10-5907)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated August 2, 2009. By order to show cause dated May 17, 2011, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal had been rendered academic by the appellant's release on parole.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the appellant's application is denied as academic.
SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court