Appellate Division: Second Judicial Department

M50805

F/

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

WILLIAM E. McCARTHY, JJ.

2003-08551 The People, etc., respondent, v Tyrone Johnson, appellant. (Ind. No. 2002/00)

DECISION & ORDER ON MOTION

Motion by Ronald L. Kuby, 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 September 10, 2003. The appellant's motion to dispense with printing and for the assignment of counsel was granted on September 24, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 following retained counsel is substituted for assigned counsel:

Ronald L. Kuby, Esq.

119 West 23rd Street - Suite 900

New York, New York 10011

and it is further,

ORDERED that on the court's own motion, so much of its decision and order on motion dated September 24, 2004, 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