THE PEOPLE EX REL., JEFFREY ROCKEFELLER V SUPERINTENDENT AUBURN CORRECTIONAL FACILITY
Motion No: KAH 12-00948
Slip Opinion No: 2013 NY Slip Op 75230(U)
Decided on April 26, 2013
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.


April 26, 2013

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

KAH 12-00948
Index No: 2011-1168

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

JEFFREY ROCKEFELLER, PETITIONER-APPELLANT,

V

SUPERINTENDENT AUBURN CORRECTIONAL FACILITY,

RESPONDENT-RESPONDENT.


An appeal having been taken to this Court from a judgment (denominated order) of the Supreme Court, Cayuga County, entered April 12, 2012, and counsel having moved to be relieved of assignment,

Now, upon reading and filing the affidavit of Timothy J. Brennan, Esq., sworn to December 15, 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, and due deliberation having been had thereon,

It is hereby ORDERED that the appeal is dismissed as moot and counsel's motion is granted.

Entered: April 26, 2013

Frances E. Cafarell, Clerk