| THE PEOPLE EX REL., LEROY WHITLEY V CHARLES HYNES, KINGS COUNTY DA, J.V. CARDONE, ORLEANS COUNTY DA, S. KHAHAIFA |
| Motion No: KAH 10-01654 |
| Slip Opinion No: 2011 NY Slip Op 65018(U) |
| Decided on February 10, 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., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.
KAH 10-01654
Index No: 09-36975
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., LEROY WHITLEY,
PETITIONER-APPELLANT. V CHARLES HYNES, KINGS COUNTY DA, J.V. CARDONE, ORLEANS COUNTY DA, S. KHAHAIFA, SUPERINTENDENT ORLEANS
CORRECTIONAL FACILITY, ET AL., RESPONDENT-RESPONDENT. |
An appeal having been taken to this Court from a judgment of the Supreme Court, Orleans County, rendered January 7, 2010, and counsel having moved to be relieved of assignment,
Now, upon reading and filing the affirmation of Martin P. McCarthy, II, Esq., dated October 26, 2010, 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 Marcus J. Mastracco, Esq., dated November 12, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the appeal is dismissed as moot and counsel's motion is granted.
Entered: February 10, 2011
Patricia L. Morgan, Clerk