| IN THE MATTER OF JAHMEL CLARK V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: TP 17-00354 |
| Slip Opinion No: 2017 NY Slip Op 73436(U) |
| Decided on May 8, 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: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
DOCKET NO. TP 17-00354
| IN THE MATTER OF JAHMEL CLARK, 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 petition transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on February 17, 2017,
Now, upon reading and filing the affirmation of Martin A. Hovet, Esq., dated April 24, 2017, 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 petition insofar as it challenges the March 14, 2017 determination, is dismissed on stipulation, and
It is further ORDERED that the petition is otherwise dismissed as moot (see Matter of Free v Coombe, 234 AD2d 996).
Entered: May 8, 2017
Frances E. Cafarell, Clerk