Appellate Division: Second Judicial Department

M49604

F/

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2005-10493 People of the State of New York, respondent, v Ted McCracken, appellant.

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

Motion by the appellant pro se to relieve assigned counsel and to assign new counsel to prosecute appeals from two determinations of the Supreme Court, Suffolk County, issued pursuant to Correction Law § 168-n, both dated June 14, 2005. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on March 29, 2006, and the following named attorney was assigned as counsel to prosecute the appeal: Robert C. Mitchell, Esq., Legal Aid Society of Suffolk County - Appeals Bureau, Post Office Box 1697, Riverhead, New York 11901-3398.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:

Andrew Schatkin, Esq.

160 Fourth Avenue

Bayshore, New York 11706

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 25, 2007; and it 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., KRAUSMAN, DILLON, and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court