THE PEOPLE EX REL. VICTOR MANTILLA V JAMES T. CONWAY, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY
Motion No: KAH 08-01539
Slip Opinion No: 2009 NY Slip Op 85811(U)
Decided on October 2, 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.


October 2, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KAH 08-01539
Index No: 20,547-07

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

VICTOR MANTILLA, PETITIONER-APPELLANT,

V

JAMES T. CONWAY, SUPERINTENDENT, ATTICA CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


An appeal having been taken to this Court from an order of the Supreme Court, Wyoming County, entered December 19, 2007, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Susan K. Jones, Esq. sworn to April 1, 2009, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, the pro se supplemental brief filed by the appellant, the statement of Owen Demuth, Esq., dated July 28, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed, and counsel's motion is granted (see People v Crawford, 71 AD2d 38 [1979]).

Entered: October 2, 2009

Patricia L. Morgan, Clerk