Appellate Division: Second Judicial Department

M44205

F/

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-07867 The People, etc., respondent, v Mohammed Karimzada, appellant. (Ind. No. 807/03)

DECISION & ORDER ON MOTION

Motion by Lloyd Epstein, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 27, 2005. The appellant's motion to dispense with printing and for the assignment of counsel was granted on November 16, 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 the following retained counsel is substituted for assigned counsel:

Lloyd Epstein, Esq.

Epstein & Weil

225 Broadway - Suite 1203

New York, New York 10007

and it is further,

ORDERED that on the court's own motion, so much of its decision and order dated November 16, 2005, as granted the appellant leave to prosecute the appeal as a poor person, is recalled and vacated; and it is further,

ORDERED that assigned counsel is directed to turn over all papers in the action, including any transcripts she may have obtained, to the Clerk of this court; 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

Retained Attorney:

Lloyd & Epstein, Esq.

Epstein & Weil

225 Broadway - Suite 1203

New York, New York 10007