| THE PEOPLE EX REL., DERICK GRAMLING V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: KAH 08-02377 |
| Slip Opinion No: 2009 NY Slip Op 89671(U) |
| Decided on November 13, 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, CENTRA, AND PERADOTTO, JJ.
KAH 08-02377
Index No: 20,690-08
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., DERICK GRAMLING,
PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONAL
SERVICES, RESPONDENT-RESPONDENT. |
An appeal having been taken to this Court from an order of the Supreme Court, Wyoming County dated September 17, 2008, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affidavit of Neal J. Mahoney, Esq., sworn to July 12, 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 statement of Kathleen M. Arnold, Esq., dated July 23, 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, without costs, and counsel's motion is granted (see People v Crawford, 71 AD2d 38 [1979]).
Entered: November 13, 2009
Patricia L. Morgan, Clerk