| People v Diaz, Miguel |
| Motion No: 2011-03452 |
| Slip Opinion No: 2012 NY Slip Op 84470(U) |
| Decided on September 12, 2012 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M143147
E/nl
WILLIAM F. MASTRO, A.P.J.
RANDALL T. ENG
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-03452 The People, etc., respondent, v Miguel Diaz, appellant. (Ind. No. 44/90)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated March 15, 2011, issued pursuant to CPL 440.46, on the ground that it has been rendered academic.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed; and it is further,
ORDERED that counsel assigned to prosecute the appeal, Lynn W. L. Fahey, Esq.
Appellate Advocates, 2 Rector Street - 10th Floor, New York, New York 10006, is relieved of the assignment.
MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court