| THE PEOPLE V THOMAS S. DERUYTER |
| Motion No: KA 09-01208 |
| Slip Opinion No: 2010 NY Slip Op 66665(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.
KA 09-01208
Indictment No: 96-01-005
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V THOMAS S.
DERUYTER, DEFENDANT-APPELLANT. |
An appeal having been taken to this Court from an order of the Ontario County Court dated March 5, 2009, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affirmation of John E. Tyo, Esq., dated November 14, 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 R. Michael Tantillo, Esq., dated November 23, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed, without costs (see People v Welch, 30 AD3d 392).
Entered: March 19, 2010
Patricia L. Morgan, Clerk