Opinion
KA 16-00639 Indictment No: 2014-2131
10-18-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRIAN GERENA, DEFENDANT-APPELLANT.
PRESENT:
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of Erie County Court, rendered March 28, 2016, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Nicholas P. DiFonzo, Esq. dated September 26, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated September 29, 2017, 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 January 16, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 18, 2017
Mark W. Bennett, Clerk