Matter of Edwards v Annucci
2020 NY Slip Op 04079 [185 AD3d 1451]
July 17, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2020


[*1]
 In the Matter of Roger Edwards, 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.

Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered July 10, 2019, in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal from the judgment insofar as it dismissed that part of the petition challenging the time assessment is unanimously dismissed as moot (see Matter of Adams v New York State Div. of Parole, 89 AD3d 1267, 1267-1268 [3d Dept 2011]) and the judgment is affirmed without costs. Present—Carni, J.P., Lindley, NeMoyer, Curran and Bannister, JJ.