IN THE MATTER OF MARVIN THOMAS V WILLIAM FITZPATRICK, ONONDAGA COUNTY DISTRICT ATTORNEY
Motion No: CA 16-00145
Slip Opinion No: 2016 NY Slip Op 70383(U)
Decided on April 11, 2016
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.


April 11, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-00145

IN THE MATTER OF MARVIN THOMAS, PETITIONER,

V

WILLIAM FITZPATRICK, ONONDAGA COUNTY DISTRICT ATTORNEY,

RESPONDENT.


Petitioner having moved to dismiss the proceeding from a judgment (denominated "decision and order") of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 25, 2015, on the ground that the proceeding is moot, and for other relief,

Now, upon reading and filing the affidavits of Marvin Thomas sworn to February 15, 2016, and March 6, 2016, and 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 proceeding is dismissed.

Entered: April 11, 2016

Frances E. Cafarell, Clerk