| IN THE MATTER OF EMMANUEL PATTERSON V ANDREA M. EVANS, CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE, AND MALCOLM |
| Motion No: CA 12-00920 |
| Slip Opinion No: 2012 NY Slip Op 89244(U) |
| Decided on October 26, 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 PERADOTTO, JJ.
DOCKET NO. CA 12-00920
| IN THE MATTER OF EMMANUEL PATTERSON,
PETITIONER-RESPONDENT, V ANDREA M. EVANS, CHAIRWOMAN, NEW YORK STATE DIVISION OF PAROLE, AND MALCOLM CULLY,
SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, RESPONDENTS-APPELLANTS. |
Petitioner having moved to dismiss the appeal taken herein from order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 5, 2012, on the ground that the appeal is moot,
Now, upon reading and filing the affidavit of Emmauel Patterson sworn to October 1, 2012, the notice of motion with proof of service thereof, and the affirmation of Victor Paladino, Esq., dated October 15, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: October 26, 2012
Frances E. Cafarell, Clerk