IN THE MATTER OF TYRON ESPEY V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

IN THE MATTER OF TYRON ESPEY V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

Motion No: TP 16-00238

Slip Opinion No: 2016 NY Slip Op 85096(U)

Decided on September 8, 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.

September 8, 2016

PRESENT: WHALEN, P.J., SMITH, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

DOCKET NO. TP 16-00238

IN THE MATTER OF TYRON ESPEY, PETITIONER,
V
ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT.

Respondent having moved to dismiss this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on February 11, 2016,

Now, upon reading and filing the affirmation of Brian D. Ginsberg, Esq., dated July 7, 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 as moot because petitioner has been discharged from custody and has served his maximum sentence (see Cummings v Regan, 36 NY2D 969).

Entered: September 8, 2016

Frances E. Cafarell, Clerk