PRESENT: SCUDDER, P.J., HURLBUTT, LUNN, FAHEY, AND PINE, JJ.

KA 06-00400
Indictment No: 2004-025

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CHAD DIMMICK, DEFENDANT-APPELLANT.

Appellant having moved to withdraw the brief filed on the appeal taken from a judgment of the Niagara County Court entered in the Office of the Clerk of the County of Niagara on November 30, 2004, and for other relief,

Now, upon reading and filing the affirmation of Thomas J. Eoannou, dated September 18, 2007, the notice of motion with proof of service thereof, the stipulation of the parties dated August 29, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and the brief filed by assigned counsel is hereby deemed withdrawn, and

It is further ORDERED that the orders of this Court entered March 3, 2006 and October 31, 2006 are vacated, and

It is further ORDERED that the appeal may be prosecuted on one record as defined by 22 NYCRR 1000.3(c)(1) and 10 copies of appellant's brief, reproduced in accordance with 22 NYCRR 100.4(f), and

It is further ORDERED that the Clerk of the County of Niagara is hereby directed to provide Thomas J. Eoannou with copies of all papers and stenographic transcripts of the proceedings on which the appeal is based, and

It is further ORDERED that the appeal is removed from the day calendar of this Court for December 5, 2007.

Entered: October 17, 2007

JoAnn M. Wahl, Clerk