Appellate Division: Second Judicial Department

M49588

E/mv

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

MARK C. DILLON, JJ.

2005-02227 The People, etc., respondent, v Japheth Clarke, appellant. (Ind. No. 246/04)

DECISION & ORDER ON MOTION

Motion by Howard Greenberg, 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 February 3, 2005. The appellant's motion to dispense with printing and for the assignment of counsel was granted on March 30, 2006, and the following named attorney was assigned as counsel to prosecute the appeal:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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:

Howard Greenberg, Esq.

41 Schermerhorn Street - Suite 104

Brooklyn, New York 11201

and it is further,

ORDERED that on the court's own motion, so much of its decision and order on motion dated March 30, 2006, 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 it 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., SPOLZINO, RITTER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court