| PEOPLE EX REL. ALBERT A. BREACH V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY -. |
| Motion No: KAH 07-00332 |
| Slip Opinion No: 2007 NYSlipOp 83581(U) |
| Decided on November 9, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., GORSKI, CENTRA, FAHEY, AND GREEN, JJ.
KAH 07-00332
Index No: I-2006-9149
| PEOPLE OF THE STATE OF NEW YORK EX REL. ALBERT A. BREACH,
PETITIONER-APPELLANT, V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY
RESPONDENT-RESPONDENT. |
An appeal having been taken to this Court from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 18, 2006, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affirmation of Alan Birnholz, Esq., filed August 7, 2007, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, the statement of Albert A. Breach, dated September 11, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs, and counsel's motion is granted (see People v Crawford, 71 AD2d 38 [1979]).
Entered: November 9, 2007
JoAnn M. Wahl, Clerk