| PEOPLE EX REL., FRANKLIN LEONARD V JOHN BURGE, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: KAH 05-02606 |
| Slip Opinion No: 2008 NYSlipOp 79074(U) |
| Decided on July 24, 2008 |
| 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: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
KAH 05-02606
Index No: 05-0190
| PEOPLE OF THE STATE OF NEW YORK EX REL., FRANKLIN LEONARD,
PETITIONER-APPELLANT, V JOHN BURGE, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Counsel for appellant having moved for permission to be relieved as assigned counsel on an appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on August 18, 2005, on the ground that the appeal is moot,
Now, upon reading and filing the affidavit of Charles A. Marangola, sworn to June 3, 2008, the notice of motion with proof of service thereof, the opposing statement of Franklin Leonard, dated June 10, 2008, 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 April 30, 2008 assigning Charles A. Marangola to perfect the appeal is vacated, and
It is further ORDERED that the appeal is dismissed.
Entered: July 24, 2008
JoAnn M. Wahl, Clerk