| THE PEOPLE V TOSCHAN N. LANE |
| Motion No: KA 11-02469 |
| Slip Opinion No: 2013 NY Slip Op 79971(U) |
| Decided on July 16, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 11-02469
Indictment No: 2009-2699X
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V TOSCHAN N. LANE, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Supreme Court, Erie County rendered October 27, 2011, on the ground that appellant has abandoned the appeal,
Now, upon reading and filing the affidavit of Robert B. Hallborg, Jr., Esq. sworn to July 1, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 3, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that David C. Schopp, Esq. is relieved of his assignment, and
It is further ORDERED that appellant perfect the appeal on or before September 16, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 16, 2013
Frances E. Cafarell, Clerk