| THE PEOPLE V DONALD J. LUME |
| Motion No: KA 09-02149 |
| Slip Opinion No: 2011 NY Slip Op 63810(U) |
| Decided on February 8, 2011 |
| 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, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 09-02149
SCI NO. 08-DI-062
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DONALD J.
LUME, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Ontario County Court, rendered June 18, 2008, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Linda Gehron, Esq. dated January 14, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the orders of this Court entered May 24, 2010 and November 16, 2009 are vacated.
Memorandum: The appeal is dismissed as abandoned.
Entered: February 8, 2011
Patricia L. Morgan, Clerk