THE PEOPLE EX REL., BERNARD PITTS V ROBERT KIRKPATRICK, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY, ATTORNEY GENERAL
Motion No: KAH 09-02258
Slip Opinion No: 2011 NY Slip Op 78752(U)
Decided on July 20, 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.


July 20, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, AND PERADOTTO, JJ.

KAH 09-02258
Index No: I-2009-7181

THE PEOPLE OF THE STATE OF NEW YORK EX REL.,

BERNARD PITTS, PETITIONER-APPELLANT.

V

ROBERT KIRKPATRICK, SUPERINTENDENT OF WENDE CORRECTIONAL

FACILITY, ATTORNEY GENERAL OF NEW YORK STATE,

RESPONDENTS-RESPONDENTS.


Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Supreme Court, Erie County rendered June 30, 2009,

Now, upon reading and filing the affidavit of Michael J. Stachowski, Esq. sworn to June 29, 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 dismissed as academic.

Entered: July 20, 2011

Patricia L. Morgan, Clerk