| THE PEOPLE EX REL., MICHAEL CHAVIS V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: KAH 09-00113 |
| Slip Opinion No: 2009 NY Slip Op 86600(U) |
| Decided on October 20, 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., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KAH 09-00113
Index No: 20,761-08
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., MICHAEL CHAVIS,
PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Supreme Court, Wyoming County, entered December 12, 2008, for other relief,
Now, upon reading and filing the affidavit of Neal J. Mahoney sworn to October 5, 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, the order of this Court entered February 2, 2009 assigning Norman P. Effman to perfect the appeal is vacated, and
It is further ORDERED that the petitioner is granted poor person relief, and the appeal may be prosecuted upon one record as defined by 22NYCRR 1000.3(c)(2) and ten copies of an appellants brief on the condition that petitioner perfect the appeal on or before December 18, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 20, 2009
Patricia L. Morgan, Clerk