| People of State of New York v O'Brien |
| Motion No: 2017-06278 |
| Slip Opinion No: 2018 NY Slip Op 64172(U) |
| Decided on February 15, 2018 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M246129
E/afa
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2017-06278 People of State of New York, respondent, v Kevin O'Brien, appellant.
| DECISION & ORDER ON MOTION |
Motion by Laurette D. Mulry, counsel assigned to prosecute an appeal from an order of the County Court, Suffolk County, dated May 5, 2017, in effect, to be relieved on the ground that the order was entered upon the consent of the appellant. By order to show cause dated November 28, 2017, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order was entered upon the consent of the appellant, and assigned counsel's motion was held in abeyance in the interim. Separate motion by Laurette D. Mulry to be relieved.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of assigned counsel's motions and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPLR 5511); and it is further,
ORDERED that assigned counsel's motions are granted.
CHAMBERS, J.P., HINDS-RADIX, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court