THE PEOPLE V JOHN LAWANDUS
Motion No: KA 15-00086
Slip Opinion No: 2015 NY Slip Op 84797(U)
Decided on September 15, 2015
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 15, 2015

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

KA 15-00086
Indictment No: 2014-0828 and SCI No.: 39158

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHN LAWANDUS, DEFENDANT-APPELLANT.


Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Erie County Court, rendered October 22, 2014, on the ground that the appellant has abandoned the appeal,

Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated August 28, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated September 9, 2015, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that Timothy P. Murphy, Esq. is relieved of his assignment, and

It is further ORDERED that the appellant perfect the appeal on or before December 14, 2015, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 15, 2015

Frances E. Cafarell, Clerk