THE PEOPLE EX REL. JOHNNIE BUNTING, JR. V SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY
Motion No: KAH 09-00752
Slip Opinion No: 2010 NY Slip Op 66663(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.


March 19, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

KAH 09-00752
Index No: 08-35798

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

JOHNNIE BUNTING, JR., 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, rendered February 20, 2009, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affirmation of Kiley D. Scott, Esq., dated December 11, 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, the statement of Andrew B. Ayers, Esq., dated December 17, 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