Matter of Hart v Annucci
2015 NY Slip Op 02371 [126 AD3d 1414]
March 20, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 29, 2015


[*1]
 In the Matter of Ricky Hart, Appellant, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

Wyoming County-Attica Legal Aid Bureau, Warsaw (Adam W. Koch of counsel), for petitioner-appellant.

Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered October 29, 2013 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 Velez v Evans, 101 AD3d 1642 [2012]). Present—Smith, J.P., Valentino, Whalen and DeJoseph, JJ.