THE PEOPLE EX REL. KEVIN GAMBLE V DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: KAH 09-00111
Slip Opinion No: 2009 NY Slip Op 92775(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.


December 30, 2009

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND PINE, JJ.

KAH 09-00111
Index No: 20,724-08

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

KEVIN GAMBLE, PETITIONER-APPELLANT,

V

DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.


An appeal having been taken to this Court from an order of the Supreme Court, Wyoming County, entered November 26, 2008, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Susan K. Jones, Esq., sworn to September 16, 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 September 21, 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: December 30, 2009

Patricia L. Morgan, Clerk