| People v Kanat, Ali |
| Motion No: 2004-07262 |
| Slip Opinion No: 2006 NYSlipOp 79964(U) |
| Decided on November 15, 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. |
Appellate Division: Second Judicial Department
M46899
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-07262 The People, etc., respondent, v Ali Kanat, appellant. (Ind. No. 03-00953)
| DECISION & ORDER ON MOTION |
Motion by retained counsel for the appellant on an appeal from a judgment of the County Court, Orange County, rendered May 27, 2004, in effect, to be substituted for assigned counsel, and for leave to serve and file a supplemental brief on behalf of the appellant. The appellant's motion to dispense with printing and for assignment of counsel was granted on October 21, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
David L. Rich, Esq.
175 Main Street - Suite 711-2
White Plains, New York 10601
Upon the papers filed in support of the motion and the papers filed in opposition or 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:
Benjamin Greenwald, Esq.
99 Brookside Avenue
Chester, New York 10918
(845) 469-4900
and it is further,
ORDERED that the appellant's poor person status is continued; and it is further,
ORDERED that retained counsel's time to serve and file a supplemental brief on behalf of the appellant is granted; retained counsel shall serve and file a supplemental brief on behalf of the appellant on or before January 16, 2007; and it is further,
ORDERED that on the court's own motion, the decision and order on motion of this court, dated February 1, 2006, which granted the appellant's pro se motion for leave to serve and file a supplemental pro se brief, is recalled and vacated in light of the determination of this instant motion, in effect, to be substitute retained counsel for assigned counsel, and for leave to serve and file a supplemental brief on behalf of the appellant, and the appellant's pro se motion for leave to serve and file a supplemental brief is denied.
RITTER, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court