THE PEOPLE EX REL., EDWARD BROWN V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: KAH 11-02328
Slip Opinion No: 2012 NY Slip Op 86936(U)
Decided on September 28, 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.


September 28, 2012

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ.

KAH 11-02328
Index No: 21,109-11

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

EDWARD BROWN, 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, entered August 2, 2011, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Norman P. Effman, Esq., sworn to May 16, 2012, the notice of motion with proof of service thereof, the brief filed by counsel on behalf of appellant, together with the record on appeal, the brief of Edward Brown dated June 19, 2012, the statement of Marcus J. Mastracco, Esq., dated June 28, 2012, 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 28, 2012

Frances E. Cafarell, Clerk