Appellate Division: Second Judicial Department

M45584

E/sl

GABRIEL M. KRAUSMAN, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05021 The People, etc., respondent, v Manuel Espinal, appellant. (Ind. No. 10003/03)

DECISION & ORDER ON MOTION

Motion by the appellant to substitute retained counsel for assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered December 22, 2003, to continue his status as a poor person and to hold the appeal in abeyance. By decision and order on motion of this court dated November 30, 2004, the appellant's motion to dispense with the printing and for the assignment of counsel was granted, 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 relation thereto, it is

ORDERED that the branch of the motion which is to substitute retained counsel for assigned counsel is granted, and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Edwin Ira Schulman, Esq.

123-60 83rd Avenue, Suite 2K

Kew Gardens, New York 11415

and it is further,

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

ORDERED that the branch of the motion which is to hold the appeal in abeyance is denied, and retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

KRAUSMAN, J.P., RIVERA, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court