| THE PEOPLE, EX REL., ANTHONY T. WOODS V JOHN B. LEMPKE, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: KAH 16-00071 |
| Slip Opinion No: 2017 NY Slip Op 66713(U) |
| Decided on March 6, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KAH 16-00071
Index No: I2015-00195
| THE PEOPLE OF THE STATE OF NEW YORK, EX REL., ANTHONY T. WOODS,
PETITIONER-APPELLANT, V JOHN B. LEMPKE, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Counsel for appellant having moved to be relieved of his assignment for the appeal taken from the order of Supreme Court, Erie County, entered November 17, 2015,
Now, upon reading and filing the affidavit of Robert L. Kemp, Esq. sworn to January 9, 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, and Timothy P. Murphy, Esq. is relieved of his assignment, and
It is further ORDERED that the request for reassignment of counsel to prosecute the appeal taken from the order of Supreme Court, Erie County, entered November 17, 2015 is granted to the extent that the Erie County Assigned Counsel Administrator is directed to provide this Court with an attorney who is willing and able to accept this assignment, and
It is further ORDERED that the ordering paragraph of the order of this Court entered January 11, 2017 is hereby amended by striking therefrom the date March 13, 2017 and inserting in place thereof the date June 5, 2017.
Entered: March 6, 2017
Frances E. Cafarell, Clerk