Matter of Shapard v Zon
2009 NY Slip Op 04644 [63 AD3d 1661]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


In the Matter of Christopher Shapard, Appellant, v Anthony Zon, Superintendent, Wende Correctional Facility, et al., Respondents.

—[*1] Christopher Shapard, petitioner-appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Shirley Troutman, A.J.), entered August 25, 2006 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Martoche, J.P., Smith, Fahey, Carni and Green, JJ.