| THE PEOPLE EX REL. GARNETT R. LEACOCK V DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: KAH 08-00804 AND KAH 09-00805 |
| Slip Opinion No: 2009 NY Slip Op 93060(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 08-00804 AND KAH 09-00805
Index No: 20,577-07
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. GARNETT R. LEACOCK,
PETITIONER-APPELLANT, V DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT. |
Appeals having been taken to this Court from orders of the Supreme Court, Wyoming County, entered January 7, 2008, and January 28, 2008, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affidavit of Susan K. Jones, Esq., sworn to August 28, 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, and due deliberation having been had thereon,
It is hereby ORDERED that the order entered January 7, 2008, 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]), and
It is further ORDERED that the appeal from the order entered January 28, 2008, is dismissed without costs (see Hill v Goord, 275 AD2d 492), and counsel's motion is granted.
Entered: December 30, 2009
Patricia L. Morgan, Clerk