Opinion
KAH 12-02272 Index No. 12-40249
09-06-2013
THE PEOPLE OF THE STATE OF NEW YORK EX REL., JUNIOR L. CEPEDA, PETITIONER-APPELLANT, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS, COMMISSIONER BRIAN FISCHER, et. al., RESPONDENTS-RESPONDENTS.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Counsel for appellant having moved to be relieved of his assignment to represent appellant on the appeal taken from an order of Supreme Court, Orleans County entered October 25, 2012, on the ground that the appeal is moot,
Now upon reading and filing the affirmation of David J. Pajak, Esq. dated July 22, 2013, the notice of motion with proof of service thereof, the statement of Junior Lorenzo Cepeda dated July 26, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the dismissal of the appeal for failure to perfect such appeal is hereby vacated, and
It is further ORDERED that David J. Pajak, Esq. is hereby relieved of his assignment to represent appellant on the appeal taken herein, and
It is further ORDERED that the appeal is dismissed as moot.
Frances E. Cafarell, Clerk