Matter of Hogan v Fischer
2011 NY Slip Op 04896 [85 AD3d 1603]
June 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


In the Matter of John Hogan, Appellant, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.

—[*1] John Hogan, petitioner-appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 17, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied 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—Centra, J.P., Fahey, Carni, Sconiers and Green, JJ.