| THE PEOPLE EX REL., RICHARD MILLS V ANTHONY ANNUCCI, SUPERINTENDENT, COLVIN, NEW YORK STATE ATTORNEY GENERAL, RICHARD |
| Motion No: KAH 16-00856 |
| Slip Opinion No: 2017 NY Slip Op 89608(U) |
| Decided on October 19, 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 16-00856
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., RICHARD MILLS,
PETITIONER-APPELLANT, V ANTHONY ANNUCCI, SUPERINTENDENT, COLVIN, NEW YORK STATE ATTORNEY GENERAL, RICHARD DESIMONE, DBA NYS
DOCCS, RESPONDENTS-RESPONDENTS. Index No: 50009 |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from an order of the Supreme Court, Seneca County, dated March 31, 2016, and appellant having moved for reargument of the order of this Court entered August 23, 2017,
Now, upon reading and filing the affirmation of Charles J. Greenberg, Esq. dated September 5, 2017, the notices of motion with proof of service thereof, the affidavit of Richard Mills sworn to August 28, 2017, due deliberation having been had thereon,
It is hereby ORDERED that the motion filed by counsel for appellant is granted to the extent that Charles J. Greenberg, Esq. is relieved of his assignment, and
It is further ORDERED that the appellant shall perfect the appeal on or before January 16, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion filed by appellant seeking reargument is denied.
Entered: October 19, 2017
Mark W. Bennett, Clerk