THE PEOPLE V THOMAS BEATON
Motion No: KA 13-00169
Slip Opinion No: 2016 NY Slip Op 65306(U)
Decided on February 22, 2016
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.


February 22, 2016

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

KA 13-00169
SCI No.: I-2012-0644-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

THOMAS BEATON, DEFENDANT-APPELLANT.


Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Onondaga County Court, rendered October 30, 2012, on the ground that the appellant has abandoned the appeal, and respondent having moved to dismiss said appeal on the ground that appellant has failed to timely perfect the appeal,

Now, upon reading and filing the affirmation of Linda M. Campbell, Esq. dated February 1, 2016, the notices of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated February 3, 2016 with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion of appellant is granted to the extent that Linda M. Campbell, Esq. is relieved of her assignment, and

It is further ORDERED that the motion of respondent is granted to the extent that the appeal is dismissed without further order unless the appeal is perfected on or before May 23, 2016.

Entered: February 22, 2016

Frances E. Cafarell, Clerk