Opinion
Motion No: KA 11-00796 SCI No: 34398
03-27-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PAUL HENDERSON, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Supreme Court, Erie County rendered February 8, 2011, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affidavit of Barbara J. Davies, Esq. sworn to February 24, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 1, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the order of this Court entered April 21, 2011 assigning David C. Schopp, Esq. to perfect the appeal is vacated, and the appeal is dismissed as abandoned.
Frances E. Cafarell, Clerk