Matter of Holder v Annucci
2017 NY Slip Op 03415 [149 AD3d 1613]
April 28, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 31, 2017


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

Wyoming County-attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of counsel), for petitioner-appellant.

Eric T. Schneiderman, Attorney General, Albany (Patrick A. Woods of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered January 20, 2016 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 Sanchez v Evans, 111 AD3d 1315 [2013]). Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.