THE PEOPLE V RYAN STAPLETON SCI No: 34413
Motion No: KA 15-01493
Slip Opinion No: 2017 NY Slip Op 64963(U)
Decided on February 21, 2017
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 21, 2017

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

KA 15-01493
Indictment No: 2010-2574 and

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RYAN STAPLETON, DEFENDANT-APPELLANT.

SCI No: 34413


Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Erie County Court, rendered May 20, 2015, on the ground that the appellant has abandoned the appeal,

Now, upon reading and filing the affirmation of Alan Williams, Esq. dated January 31, 2017, the notice of 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 May 22, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 21, 2017

Frances E. Cafarell, Clerk