Appellate Division: Second Judicial Department

M47767

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2006-03747 People of State of New York, respondent, v John Altman, appellant.

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a determination of the County Court, Rockland County, issued pursuant to Correction Law § 168-n, dated February 16, 2006. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on September 28, 2006, and the following named attorney was assigned as counsel to prosecute the appeal: James Licata, Esq., Office of the Public Defender, 11 New Hempstead Road, New City, New York 10956-3664.

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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Michael G. Paul, Esq.

120 North Main Street - Suite 203

New City, New York 10956

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with or considered by the trial court in connection with the appellant's risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]),and by serving and filing his brief on the appeal on or before May 14, 2007; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court