| Matter of Chaney v New York State Division of Parole |
| Motion No: 2009-08269 |
| Slip Opinion No: 2010 NY Slip Op 64473(U) |
| Decided on March 1, 2010 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M99237
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2009-08269 In the Matter of Nakia Chaney, respondent, v New York State Division of Parole, et al., appellants.
(Index No. 9363/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Dutchess County, dated July 16, 2009, for poor person relief and for the assignment of counsel. Separate motion by the appellants to amend the caption. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal. Separate application by the appellant to withdraw the appeal.
Upon the papers filed in support of the respondent's motion and the papers filed in response thereto, upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the applications, it is
ORDERED that the application by the appellant to withdraw the appeal is granted and the appeal is deemed withdrawn without costs or disbursements; and it is further,
ORDERED that the motions and the application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal are denied as academic.
RIVERA, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court