| THE PEOPLE EX REL. ANTHONY BENNETT V SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY -. |
| Motion No: KAH 09-00394 |
| Slip Opinion No: 2010 NY Slip Op 66660(U) |
| Decided on March 19, 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., PERADOTTO, LINDLEY, AND SCONIERS, JJ.
KAH 09-00394
Index No: 08-35412
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANTHONY BENNETT,
PETITIONER-APPELLANT, V SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY
RESPONDENT-RESPONDENT. |
An appeal having been taken to this Court from a judgment of the Supreme Court, Orleans County, dated December 18, 2008, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affirmation of Greg T. Rinckey, Esq., filed November 6, 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 Anthony Bennett, dated November 16, 2009, the affidavit of Anthony Bennett, sworn to November 25, 2009, the statement of Kathleen M. Arnold, Esq., dated November 19, 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: March 19, 2010
Patricia L. Morgan, Clerk