Matter of Rodriguez v Johnson
2007 NY Slip Op 08295 [45 AD3d 279]
November 1, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


In the Matter of Nelson Rodriguez, Appellant,
v
Robert T. Johnson, as District Attorney of Bronx County, et al., Respondents.

—[*1] Nelson Rodriguez, appellant pro se.

Robert T. Johnson, District Attorney, Bronx (Dana Levin of counsel), for respondents.

Appeal from judgment, Supreme Court, Bronx County (Nelson S. Roman, J.), entered November 25, 2005, which denied petitioner's application pursuant to CPLR article 78 as untimely, and dismissed the petition, unanimously dismissed, without costs.

Petitioner's appeal is moot because Supreme Court vacated the judgment on appeal and reached the merits (see Matter of Ruskin v Safir, 257 AD2d 268, 271 [1999]). We have considered petitioner's contentions in his April 9, 2007 letter to this Court and find them unavailing. Concur—Tom, J.P., Saxe, Sullivan, Gonzalez and Sweeny, JJ.