Matter of Pendergrass v Annucci
2022 NY Slip Op 03844 [206 AD3d 1712]
June 10, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 3, 2022


[*1]
 In the Matter of John Pendergrass, 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.

Letitia James, Attorney General, Albany (Brian D. Ginsberg of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered June 25, 2021, in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 14, 2022,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Centra, NeMoyer, Curran and Bannister, JJ.