| IN THE MATTER OF EDDIE MOISE V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 16-00942 |
| Slip Opinion No: 2016 NY Slip Op 93684(U) |
| Decided on December 5, 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. |
PRESENT: CENTRA, J.P., PERADOTTO, CURRAN, TROUTMAN, AND SCUDDER, JJ.
DOCKET NO. TP 16-00942
| IN THE MATTER OF EDDIE MOISE, PETITIONER, V ANTHONY ANNUCCI,
ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved for reimbursement of fees and costs associated with the filing of this CPLR article 78 proceeding transferred to this Court by an order of Supreme Court entered in the Office of the Clerk of the County of Cayuga on May 31, 2016,
Now, upon reading and filing the affidavit of Eddie Moise sworn to September 18, 2016, the notice of motion with proof of service thereof, and the statement of Marcus J. Mastracco, Esq., dated November 22, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied and the proceeding is dismissed as moot (see Matter of Farmington v Annucci, 125 AD3d 1513).
Entered: December 5, 2016
Frances E. Cafarell, Clerk