IN THE MATTER OF MATTHEW THOMS, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY FOR AN ORDER AUTHORIZING THE
Motion No: CA 19-00297
Slip Opinion No: 2019 NY Slip Op 67898(U)
Decided on April 8, 2019
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 8, 2019

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

DOCKET NO. CA 19-00297

IN THE MATTER OF MATTHEW THOMS, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY, PETITIONER-RESPONDENT,

FOR AN ORDER AUTHORIZING THE FEEDING, HYDRATION, AND TREATMENT OF LINO R., RESPONDENT-APPELLANT.

(INDEX NO. 52599.)


Respondent-appellant (respondent) having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on January 30, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed.

Memorandum: The appeal is moot inasmuch as respondent no longer appears to be in petitioner's custody.

Entered: April 8, 2019

Mark W. Bennett, Clerk