THE PEOPLE V JOSEPH HOLT
Motion No: KA 10-01367
Slip Opinion No: 2011 NY Slip Op 83567(U)
Decided on September 13, 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.


September 13, 2011

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

KA 10-01367
Indictment No: 2009-0808-1

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,

V

JOSEPH HOLT, DEFENDANTS-RESPONDENTS.


Counsel for appellant having moved to withdraw the brief filed for the appeal taken from a judgment of Supreme Court, Onondaga County rendered May 7, 2010,

Now, upon reading and filing the affirmation of Philip Rothschild, Esq. dated August 26, 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 record and briefs filed by Philip Rothschild, Esq. are deemed withdrawn, and

It is further ORDERED that the appeal shall be removed from the calendar for the term of this Court commencing January 17, 2012, and

It is further ORDERED that appellant shall perfect the appeal on or before November 14, 2011, and in the event of failure to so perfect, the appeal is dismissed without further order.

Entered: September 13, 2011

PATRICIA L. MORGAN, CLERK