People v Wagstaffe, Everton
Motion No: 2005-03244
Slip Opinion No: 2006 NYSlipOp 60588(U)
Decided on January 11, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34481

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-03244

The People, etc., respondent,

v Everton Wagstaffe, appellant.

(Ind. No. 1545/92)

DECISION & ORDER ON MOTION

Motion by The Legal Aid Society, to be substituted as assigned counsel, in place of the Appellate Advocates, to prosecute an appeal from an order of the Supreme Court, Kings County, dated March 1, 2005, issued pursuant to CPL 440.30. The appellant's motion to dispense with printing and for assignment of counsel was granted on August 8, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and said assigned counsel is directed to turn over all papers in the action to newly assigned counsel:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions.

PRUDENTI, P.J., ADAMS, SPOLZINO, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court