| THE PEOPLE EX REL. WAYNE BARKSDALE V SUPERINTENDENT, MOHAWK CORRECTIONAL FACILITY, AND NEW YORK STATE DIVISION OF PAROLE |
| Motion No: KAH 09-00082 |
| Slip Opinion No: 2009 NY Slip Op 92768(U) |
| Decided on December 30, 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., CENTRA, FAHEY, CARNI, AND PINE, JJ.
KAH 09-00082
Index No: CA2008-002951
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. WAYNE BARKSDALE,
PETITIONER-APPELLANT, V SUPERINTENDENT, MOHAWK CORRECTIONAL FACILITY, AND NEW YORK STATE DIVISION OF PAROLE,
RESPONDENTS-RESPONDENTS. |
An appeal having been taken to this Court from an order of the Supreme Court, Oneida County, entered November 25, 2008, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Jr., Esq., dated September 5, 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 appellant, the brief filed on behalf of respondents, 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: December 30, 2009
Patricia L. Morgan, Clerk