| THE PEOPLE EX REL. ANDRE BERUBE V JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: KAH 17-01035 |
| Slip Opinion No: 2019 NY Slip Op 74936(U) |
| Decided on July 8, 2019 |
| 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.
KAH 17-01035
Index No: I-2017-000021
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANDRE BERUBE,
PETITIONER-APPELLANT, V JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on the appeal taken herein from an order of the Supreme Court, Erie County, entered March 9, 2017, on the ground that appellant has abandoned the appeal,
Now, upon reading and filing the papers with respect to the motion, 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 appellant perfect the appeal on or before September 13, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 8, 2019
Mark W. Bennett
Clerk of the Court