| THE PEOPLE V TIMOTHY BUDEK |
| Motion No: KA 16-01164 |
| Slip Opinion No: 2017 NY Slip Op 82494(U) |
| Decided on August 10, 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.
KA 16-01164
Indictment No: 2016-0412 / SCI No: 41036
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TIMOTHY BUDEK,
DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Supreme Court, Erie County, rendered June 23, 2016, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Michael S. Deal, Esq. dated July 19, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 26, 2017, 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 November 8, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 10, 2017
Frances E. Cafarell, Clerk