Matter of Berlin v Evans

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Matter of Berlin v Evans 2013 NY Slip Op 00684 Decided on February 5, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 5, 2013
Sweeny, J.P., Acosta, Saxe, Freedman, Román, JJ.
7691 113670/10

[*1]In re Ariel Berlin, Petitioner-Respondent,

v

Andrea Evans, Chief Executive Officer, State Division of Parole, Respondent-Appellant.




Eric T. Schneiderman, Attorney General, New York (Sudarsana
Srinivasan of counsel), for appellant.
Steven Banks, The Legal Aid Society, New York (Robert C.
Newman of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Anil C. Singh, J.), entered April 13, 2011, unanimously dismissed, without costs and without disbursements, on the ground that the proceeding is abated by reason of petitioner's death.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 5, 2013

CLERK

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