| THE PEOPLE V DAVID TIRKO |
| Motion No: KA 16-02104 |
| Slip Opinion No: 2018 NY Slip Op 76542(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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 16-02104
Indictment No: 2015-0859X/SCI No. 40137
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID TIRKO,
DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Supreme Court, Erie County, rendered September 1, 2015, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of James M. Specyal, Esq., dated June 4, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq., dated June 7, 2018, 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 September 20, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 22, 2018
Mark W. Bennett, Clerk