| THE PEOPLE EX REL., AMIR R. MIMS V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS & |
| Motion No: KAH 16-02169 |
| Slip Opinion No: 2017 NY Slip Op 94858(U) |
| Decided on December 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.
DOCKET NO. KAH 16-02169
(INDEX NO. I-2016-000098.)
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., AMIR R. MIMS,
PETITIONER-APPELLANT, V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS & COMMUNITY
SUPERVISION, TINA M. STANFORD, CHAIRWOMAN, NYS BOARD OF PAROLE, RESPONDENTS-RESPONDENTS. |
Counsel for the appellant having moved for permission to withdraw as assigned counsel on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on July 12, 2016, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affidavit of Robert L. Kemp, Esq., sworn to November 14, 2017, and 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 February 13, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 6, 2017
Mark W. Bennett, Clerk