
    [919 NE2d 179, 891 NYS2d 8]
    In the Matter of Anthony Ettari, Respondent, v Brian Fischer, as Commissioner of Correctional Services, et al., Appellants.
    Decided November 23, 2009
    
      APPEARANCES OF COUNSEL
    
      Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold, Barbara D. Underwood and Denise A. Hartman of counsel), for appellants.
    
      Anthony Ettari, respondent pro se.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, without costs, and petition dismissed (see People ex rel. Gill v Greene, 12 NY3d 1 [2009]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.  