| (CORRECTED) THE PEOPLE EX REL. RICHARD KINARD V DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: KAH 08-00238 |
| Slip Opinion No: 2009 NY Slip Op 84118(U) |
| Decided on September 17, 2009 |
| 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., MARTOCHE, PERADOTTO, CARNI, AND GORSKI, JJ.
KAH 08-00238
Indictment No: 07-33640
| (CORRECTED) THE PEOPLE OF THE STATE OF NEW YORK EX REL.
RICHARD KINARD, PETITIONER-APPELLANT, V DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from an order of the Supreme Court, Orleans County, entered December 10, 2007,
Now, upon reading and filing the affirmation of Michael A. Rosenhouse dated August 28, 2009, 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 Michael A. Rosenhouse, Esq. is hereby relieved of his assignment on this appeal, and
It is further ORDERED that the said appeal is dismissed as moot.
Entered: September 17, 2009
Patricia L. Morgan, Clerk