| THE PEOPLE EX REL. HAROLD MASSEY V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION |
| Motion No: KAH 18-00154 |
| Slip Opinion No: 2018 NY Slip Op 83559(U) |
| Decided on September 10, 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.
DOCKET NO. KAH 18-00154
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. HAROLD MASSEY,
PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT-RESPONDENT. |
Assigned counsel Norman P. Effman, Esq., having moved to be relieved of his assignment and to dismiss the appeal taken herein from a judgment (denominated order) of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on November 30, 2017, on the ground that appellant is deceased,
Now, upon reading and filing the affidavit of Norman P. Effman, Esq., sworn to July 3, 2018, 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 denied with leave to make a new motion for the same relief that includes a copy of appellant's death certificate.
Entered: September 10, 2018
Mark W. Bennett, Clerk