Appellate Division: Second Judicial Department

M51916

F/

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

DAVID S. RITTER

RUTH C. BALKIN, JJ.

2005-03383 The People, etc., respondent, v Kenneth O'Keefe, appellant. (Ind. No. 1950-03)

DECISION & ORDER ON MOTION

Motion by Michael A. Gajdos, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 31, 2005. The appellant's motion to dispense with printing and for the assignment of counsel was granted on May 19, 2005, 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 the papers filed in relation thereto, it is

ORDERED that the motion is granted; and the following retained counsel is substituted for assigned counsel:

Michael A. Gajdos, Esq.

Russo & Gajdos, LLP

31 West Main Street - Suite 203

Patchogue, New York 11772

and it is further,

ORDERED that on the court's own motion, so much of its decision and order on motion dated March 19, 2005, 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., MASTRO, RITTER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court