Appellate Division: Second Judicial Department

M50807

F/

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

WILLIAM E. McCARTHY, JJ.

2002-08136 The People, etc., respondent, v Donald Felix, appellant. (Ind. No. 165/01)

DECISION & ORDER ON MOTION

Motion by Bernard H. Udell, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the County Court, Nassau County, rendered August 29, 2002. The appellant's motion to dispense with printing and for the assignment of counsel was granted on August 8, 2006, and the following named attorney was assigned as counsel to prosecute the appeal:

Gail Patricia Ennis, Esq.

P.O. Box 220088

Great Neck, New York 11021

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:

Bernard H. Udell, Esq.

16 Court Street

Brooklyn, New York 11241

and it is further,

ORDERED that on the court's own motion, so much of its decision and order on motion dated August 8, 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 she 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, GOLDSTEIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court