| PEOPLE EX REL. VARREL MITCHELL V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY |
| Motion No: KAH 07-00986 |
| Slip Opinion No: 2007 NYSlipOp 84719(U) |
| Decided on November 28, 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., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
KAH 07-00986
Index No: 941-2006
| PEOPLE OF THE STATE OF NEW YORK EX REL., VARREL MITCHELL,
PETITIONER-APPELLANT, V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved to relieve assigned counsel on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Livingston on November 22, 2006, and for other relief,
Now, upon reading and filing the affidavit of Varrel Mitchell, sworn to November 6, 2007, the notice of motion with proof of due service thereof, the responding affirmation of Christopher J. Laragy, dated November 20, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the order of this Court entered August 22, 2007 is vacated, and
It is further ORDERED that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3(c)(1) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4(f), and
It is further ORDERED that the Clerk of the County of Livingston is hereby directed to provide Varrel Mitchell with copies of all papers and stenographic transcripts of the proceedings upon which the appeal is based, and
It is further ORDERED that the order of this Court entered October 9, 2007 is amended by deleting therefrom the date December 10, 2007 and inserting in place thereof the date February 8, 2008.
Entered: November 28, 2007
JoAnn M. Wahl, Clerk