| PEOPLE EX REL. SIDNEY WRAY V BRIAN FISHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES -. |
| Motion No: KAH 08-00016 |
| Slip Opinion No: 2008 NYSlipOp 82954(U) |
| Decided on September 9, 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KAH 08-00016
Index No: 20,550-07
| PEOPLE OF THE STATE OF NEW YORK EX REL. SIDNEY WRAY,
PETITIONER-APPELLANT, V BRIAN FISHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES
RESPONDENT-RESPONDENT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on the appeal taken from a judgment of the Supreme Court, Wyoming County, rendered October 29, 2007,
Now, upon reading and filing the affidavit of Susan K. Jones, sworn to August 8, 2008, the notice of motion with proof of service thereof, 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 January 11, 2008 is vacated, and
It is further ORDERED that the appeal is dismissed as moot (see People ex rel. Barnes v Williams, 52 AD3d 1228).
Entered: September 9, 2008
JoAnn M. Wahl, Clerk