Matter of Berlin v Evans
2013 NY Slip Op 00684 [103 AD3d 405]
February 5, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


In the Matter of Ariel Berlin, Respondent,
v
Andrea Evans, Chief Executive Officer, State Division of Parole, Appellant.

—[*1] Eric T. Schneiderman, Attorney General, New York (Sudarsana Srinivasan of counsel), for appellant.

Steven Banks, The Legal Aid Society, New York (Robert C. Newman of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Anil C. Singh, J.), entered April 13, 2011, unanimously dismissed, without costs and without disbursements, on the ground that the proceeding is abated by reason of petitioner's death. Concur—Sweeny, J.P., Acosta, Saxe, Freedman and Román, JJ. [Prior Case History: 31 Misc 3d 919.]