| Matter of Mitchell v Annucci |
| 2021 NY Slip Op 07471 [200 AD3d 1743] |
| December 23, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Edward Mitchell, Appellant, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent. |
Karen Murtagh, Executive Director, Prisoners' Legal Services of New York, Buffalo (Andrew Stecker of counsel), for petitioner-appellant.
Letitia James, Attorney General, Albany (Allyson B. Levine of counsel), for respondent-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), entered December 8, 2020, in a proceeding pursuant to CPLR article 78. The judgment denied the petition.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 24, 2021,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Smith, NeMoyer and Curran, JJ.