Appellate Division: Second Judicial Department

M44602

F/

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-02620 The People, etc., respondent, v Tremain Holmes, appellant. (Ind. No. 177/04)

DECISION & ORDER ON MOTION

Motion by Steven Hoffner, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 8, 2005, and to continue the appellant's status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on July 12, 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:

Steven A. Hoffner, Esq.

350 Broadway - Suite 1105

New York, New York 10013

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

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

MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Steven A. Hoffner, Esq.

350 Broadway - Suite 1105

New York, New York 10013