THE PEOPLE EX REL., ROBERT VAN NESS V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: KAH 10-01865
Slip Opinion No: 2011 NY Slip Op 86386(U)
Decided on September 30, 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 30, 2011

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GORSKI, AND MARTOCHE, JJ.

KAH 10-01865
Index No: 20,989-10

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

ROBERT VAN NESS, PETITIONER-APPELLANT.

V

NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,

RESPONDENT-RESPONDENT.


An appeal having been taken to this Court from a judgment of the Supreme Court, Wyoming County, rendered July 26, 2010, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Norman P. Effman, Esq., sworn to May 9, 2011, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, and the statement of Robert C. Van Ness, filed May 26, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed, and counsel's motion is granted (see People v Crawford, 71 AD2d 38 [1979]).

Entered: September 30, 2011

Patricia L. Morgan, Clerk