Opinion
DOCKET NO. KAH 16-02169
12-06-2017
THE PEOPLE OF THE STATE OF NEW YORK EX REL., AMIR R. MIMS, PETITIONER-APPELLANT, v. ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS & COMMUNITY SUPERVISION, TINA M. STANFORD, CHAIRWOMAN, NYS BOARD OF PAROLE, RESPONDENTS-RESPONDENTS.
PRESENT: (INDEX NO. I-2016-000098.)
Counsel for the appellant having moved for permission to withdraw as assigned counsel on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on July 12, 2016, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affidavit of Robert L. Kemp, Esq., sworn to November 14, 2017, 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 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 February 13, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 6, 2017
Mark W. Bennett, Clerk