| THE PEOPLE EX REL., RAYMOND BURSE V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: KAH 09-00517 |
| Slip Opinion No: 2009 NY Slip Op 93018(U) |
| Decided on December 28, 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 09-00517
Index No: 20,676-08
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., RAYMOND BURSE,
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 September 17, 2008, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of E. Robert Fussell, dated December 2, 2009, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be and the same hereby is granted, and the order of this Court entered July 2, 2009 assigning E. Robert Fussell to perfect the appeal is vacated.
Entered: December 28, 2009
Patricia L. Morgan, Clerk