MATHIS, DEMAR v. NEW YORK STATE DEPARTMENT OF CORREC

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