THE PEOPLE V RICHARD F. MILLS
Motion No: KA 02-01207 and KA 05-00193
Slip Opinion No: 2018 NY Slip Op 76536(U)
Decided on June 22, 2018
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.


June 22, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 02-01207 and KA 05-00193
SCI No: 02-15 and Indictment No: 4639

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RICHARD F. MILLS, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeals referenced in the pro se notice of appeal dated February 18, 2018,

Now, upon reading and filing the affirmation of Shirley A. Gorman, Esq., dated April 26, 2018, the notice of motion with proof of service thereof, the affidavits of Richard Mills sworn to May 3, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

Memorandum: By order entered March 19, 2004, this Court dismissed the appeal taken from the judgment of Genesee County Court rendered April 5, 2002 as moot (5 AD3d 1051 [4th Dept 2004]). By order entered April 28, 2006, this Court affirmed the appeal taken from the judgment of Genesee County Court rendered December 16, 2004 (28 AD3d 1156 [4th Dept 2006]; lv denied 7 NY3d 903 [2006]). Accordingly, the pro se notice of appeal dated February 18, 2018 is deemed null and void.

Entered: June 22, 2018

Mark W. Bennett, Clerk