*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 715

CA 10-01070

PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND GREEN, JJ. IN THE MATTER OF JAMES ROBERT MOORE,

PETITIONER-APPELLANT,

V ORDER NEW YORK STATE BOARD OF APPEALS,

RESPONDENT-RESPONDENT.

JAMES R. MOORE, PETITIONER-APPELLANT PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENT-RESPONDENT. Appeal from a judgment (denominated decision and order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered July 17, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ORDERED that said appeal is unanimously dismissed without costs as moot ( see Matter of Ansari v Travis , 9 AD3d 901, lv denied 3 NY3d 610) .

Entered: June 10, 2011 Patricia L. Morgan

Clerk of the Court