| THE PEOPLE EX REL. JOSE CRUZ V DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: KAH 09-00118 |
| Slip Opinion No: 2010 NY Slip Op 66607(U) |
| Decided on February 11, 2010 |
| 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., SMITH, FAHEY, AND LINDLEY, JJ.
KAH 09-00118
Index No: 20,717-08
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOSE CRUZ,
PETITIONER-APPELLANT, V DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT. |
An appeal having been taken to this Court from a judgment of the Supreme Court, Wyoming County, dated December 1, 2008, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affidavit of Susan K. Jones, sworn to September 30,
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, dated October 5, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the judgment 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: February 11, 2010
Patricia L. Morgan, Clerk