Appellate Division: Second Judicial Department

M47271

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-07982 The People, etc., respondent, v Francis A. Zarro, Jr., appellant. (Ind. No. 23/03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by retained counsel, David L. Steinberg, Esq., for leave to withdraw as counsel on an appeal from a judgment of the County Court, Dutchess County, rendered November 18, 2004, and to assign new counsel to prosecute the appeal. The appellant's motion for leave to prosecute the appeal as a poor person was granted on April 12, 2005.

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 former 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:

Carol Kahn, Esq.

225 Broadway - Suite 1510

New York, New York 10007

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 the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant 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 prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

RITTER, J.P., GOLDSTEIN, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court