Matter of Mathis v New York State Dept. of Correctional Servs.
2011 NY Slip Op 01189 [81 AD3d 1435]
February 18, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


In the Matter of Demar Mathis, Respondent, v New York State Department of Correctional Services, Appellant. (Appeal No. 1.)

—[*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 [1990]). Present—Scudder, P.J., Centra, Carni, Sconiers and Gorski, JJ.