| People v Kalamaras, James |
| Motion No: 2006-05318 |
| Slip Opinion No: 2009 NY Slip Op 82880(U) |
| Decided on September 14, 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
M91818
E/sl
ROBERT A. SPOLZINO, J.P.
MARK C. DILLON
HOWARD MILLER
DANIEL D. ANGIOLILLO, JJ.
|
2006-05318 The People, etc., respondent, v James Kalamaras, appellant. (Ind. No. 2696-05)
| DECISION & ORDER ON MOTION |
Motion by Robert C. Mitchell, Esq., to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 16, 2006. By order dated July 1, 2009, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal had been rendered academic by the appellant's resentencing on October 28, 2008, and the motion by assigned counsel to be relieved was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel to be relieved and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that the motion by assigned counsel to be relieved is granted.
SPOLZINO, J.P., DILLON, MILLER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court