Edwards v. Annucci

Full title: IN THE MATTER OF ROGER EDWARDS, PETITIONER-APPELLANT, v. ANTHONY ANNUCCI…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jul 17, 2020

2020 N.Y. Slip Op. 4079 (N.Y. App. Div. 2020)

Opinion

677 CA 19-01559

07-17-2020

IN THE MATTER OF ROGER EDWARDS, PETITIONER-APPELLANT, v. ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-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.

CARNI, J.P., LINDLEY, NEMOYER, CURRAN, AND BANNISTER, JJ.

PRESENT:

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.

Entered: July 17, 2020

Mark W. Bennett

Clerk of the Court