Opinion
363708
01-19-2023
LC No. 2021-020283-FH
Stephen L. Borrello, Michael J. Kelly Judges
ORDER
MICHAEL F. GADOLA PRESIDING JUDGE
The motion to withdraw is GRANTED, because the Court finds, after a full examination of all the proceedings, that the appeal is wholly frivolous.
The defendant-appellant's application for leave to appeal therefore is DENIED. Withdrawing counsel shall mail by first-class mail to defendant-appellant within 14 days of the date of certification of this order a copy of this order and the transcript(s) and file proof of that service with the Clerk of this Court as required by MCR 7.211(C)(5)(d). Counsel is hereby notified that this Court may vacate this order granting the motion to withdraw if counsel fails to serve the transcript(s) on defendant-appellant.
The order denying leave to appeal is STAYED for a period of 28 days after service of a copy of the transcript(s) on defendant-appellant, within which period defendant-appellant may, if desired, file a written communication with this Court, raising any issue or question for this Court to consider. Any such communication shall be treated by this Court as a motion for reconsideration.