THE PEOPLE V PAUL HENDERSON SCI No: 34398
Motion No: KA 11-00796
Slip Opinion No: 2012 NY Slip Op 68681(U)
Decided on March 27, 2012
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.


March 27, 2012

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

KA 11-00796

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

PAUL HENDERSON, DEFENDANT-APPELLANT.

SCI No: 34398


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 February 8, 2011, on the ground that the appellant has abandoned the appeal,

Now, upon reading and filing the affidavit of Barbara J. Davies, Esq. sworn to February 24, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 1, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the order of this Court entered April 21, 2011 assigning David C. Schopp, Esq. to perfect the appeal is vacated, and the appeal is dismissed as abandoned.

Entered: March 27, 2012

Frances E. Cafarell, Clerk