| THE PEOPLE EX REL., RODOLFO CASIANO V DAVID STALLONE, SUPERINTENDENT, CAYUGA CORRECTIONAL FACILITY |
| Motion No: KAH 16-01194 |
| Slip Opinion No: 2017 NY Slip Op 70305(U) |
| Decided on April 11, 2017 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KAH 16-01194
Index No: 2016-0092
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., RODOLFO CASIANO,
PETITIONER-APPELLANT, V DAVID STALLONE, SUPERINTENDENT, CAYUGA CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Cayuga County, entered June 1, 2016, and respondent having cross-moved to dismiss the appeal as moot,
Now, upon reading and filing the affirmation of Adam H. Van Buskirk, Esq. dated March 24, 2017, the notice of motion with proof of service thereof, the affirmation of Kathleen M. Landers, Esq. dated March 29, 2017, the notice of cross-motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion of appellate counsel is denied, and
It is further ORDERED that the cross-motion is granted, and the appeal is dismissed as moot.
Entered: April 11, 2017
Frances E. Cafarell, Clerk