Appellate Division: Second Judicial Department

M36529

S/nal

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-06897 The People, etc., respondent, DECISION & ORDER v Rimvydas Baliukonis, appellant. (Ind. No. 9067/03)

ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered July 6, 2005, to substitute retained counsel, and to continue his status as a poor person. The appellant's motion for poor person relief and for assignment of counsel was granted on August 19, 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 the papers filed 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 retained counsel:

Bernard V. Kleinman, Esq.

2 Gannett Drive, Suite 102

White Plains, NY 10604

and it is further,

ORDERED that the appellant's poor person status is continued.

MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court