| People ex rel. Calloway v Ewald |
| Motion No: 2007-11368 |
| Slip Opinion No: 2009 NY Slip Op 71429(U) |
| Decided on May 4, 2009 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M85305
E/cb
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2007-11368
The People, etc., ex rel., Earl Calloway, appellant, v Charles E. Ewald, etc., respondent. (Index No. 436-00)
| DECISION & ORDER ON MOTION |
Motion by Robert C. Mitchell, Esq., counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, dated November 8, 2007, to be relieved and to withdraw the appeal on the ground that the appeal has been rendered academic by the appellant's resentencing without a period of post-release supervision being imposed, and by his release from prison.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, assigned counsel is relieved, and the appeal is marked withdrawn.
DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court