| THE PEOPLE EX REL., KENDALL BROWNE V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: KAH 11-01778 |
| Slip Opinion No: 2012 NY Slip Op 65083(U) |
| Decided on February 22, 2012 |
| 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: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
KAH 11-01778
Index No: I-2011-1678
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., KENDALL BROWNE,
PETITIONER-APPELLANT. V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT, |
Counsel for appellant having moved to dismiss the appeal taken from an order of the Supreme Court, Erie County, entered July 7, 2011, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Charles J. Greenberg, dated January 11, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed as moot.
Entered: February 22, 2012
Frances E. Cafarell, Clerk