Opinion
Motion No: KAH 11-01778 Index No: I-2011-1678
02-22-2012
THE PEOPLE OF THE STATE OF NEW YORK EX REL., KENDALL BROWNE, PETITIONER-APPELLANT. v. MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT,
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
Counsel for appellant having moved to dismiss the appeal taken from an order of the Supreme Court, Erie County, entered July 7, 2011, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Charles J. Greenberg, dated January 11, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed as moot.
Frances E. Cafarell, Clerk