| THE PEOPLE EX REL., EDWARD COSENZA V ANN RABIDEAU, ACTING SUPERINTENDENT AND PAUL GONYA, SUPERINTENDENT MOHAWK |
| Motion No: KAH 11-01081 |
| Slip Opinion No: 2011 NY Slip Op 91845(U) |
| Decided on December 5, 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.
KAH 11-01081
Index No. CA2011-000205
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., EDWARD COSENZA,
PETITIONER-APPELLANT, V ANN RABIDEAU, ACTING SUPERINTENDENT AND PAUL GONYA, SUPERINTENDENT MOHAWK CORRECTIONAL
FACILITY, RESPONDENTS-RESPONDENTS. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from an order of the Supreme Court, Oneida County entered March 18, 2011, on the ground that the appeal is moot,
Now, upon reading and filing the affirmation of Simone M. Shaheen, Esq. dated November 16, 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 order of this Court entered June 30, 2011 assigning Simone Shaheen, Esq. to perfect the appeal is vacated, and
It is further ORDERED that the appeal is dismissed.
Entered: December 5, 2011
Patricia L. Morgan, Clerk