Opinion
Motion No: KA 09-02285 Indictment No: 2008-0661
03-28-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. NATHANIEL MOSS, 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 August 28, 2009, on the ground that the appellant has abandoned the appeal,
Now, upon reading and filing the affirmation of Kevin J. Bauer, Esq. dated March 8, 2012, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 15, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the order of this Court entered May 9, 2011 assigning Kevin J. Bauer, Esq. to perfect the appeal is vacated, and the appeal is dismissed as abandoned.
Frances E. Cafarell, Clerk