*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 186
CA 10-01458
PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GORSKI, JJ. IN THE MATTER OF DEMAR MATHIS,
PETITIONER-RESPONDENT,
V ORDER NEW YORK STATE DEPARTMENT OF CORRECTIONAL
SERVICES, RESPONDENT-APPELLANT. (APPEAL NO. 1.)
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (FRANK BRADY OF COUNSEL), FOR RESPONDENT-APPELLANT.
Appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered September 17, 2009 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.
It is hereby ORDERED that said appeal is unanimously dismissed without costs ( see Loafin’ Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985).
Entered: February 18, 2011 Patricia L. Morgan
Clerk of the Court