PEOPLE EX REL. MARLON WILLIAMS V SHERIFF OF MONROE COUNTY, NEW YORK STATE DIVISION OF PAROLE, AND NEW YORK STATE
Motion No: OP 21-00448
Slip Opinion No: 2021 NY Slip Op 69586(U)
Decided on July 28, 2021
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.


July 28, 2021

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

OP 21-00448

PEOPLE EX REL. MARLON WILLIAMS, PETITIONER,

V

SHERIFF OF MONROE COUNTY, NEW YORK STATE DIVISION OF PAROLE,

AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY

SUPERVISION, RESPONDENTS.


Respondents New York State Division of Parole and New York State Department of Corrections and Community Supervision having moved to dismiss this proceeding pursuant to CPLR article 70 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 7002 [b] [2]) for a writ of habeas corpus, said respondents having moved for other relief, and petitioner having applied to withdraw and discontinue the proceeding,

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

It is hereby ORDERED that petitioner's application is granted and the proceeding is hereby dismissed without costs, and

It is further ORDERED that respondents' motion is dismissed as unnecessary.

Entered: July 28, 2021

Mark W. Bennett

Clerk of the Court