| Matter of Ruiz v Department of Correctional Services |
| Motion No: 2012-05707 |
| Slip Opinion No: 2013 NY Slip Op 94180(U) |
| Decided on December 13, 2013 |
| 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
M166819
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2012-05707 In the Matter of Ramon Ruiz, petitioner, v Department of Correctional Services, etc., et al., respondents.
(Index No. 8056/11)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated June 15, 2012, on the ground that it has been rendered academic.
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 the branch of the motion which is to dismiss the proceeding is granted and the proceeding is dismissed, without costs or disbursements (see Matter of Cantillo v Fischer, 74 AD3d 1649); and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., ANGIOLILLO, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court