Appellate Division: Second Judicial Department

M52937

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-07262 The People, etc., respondent, v Ali Kanat, appellant. (Ind. No. 03-00953)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 15, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by retained counsel for the appellant on an appeal from a judgment of the County Court, Orange County, rendered May 27, 2004, in effect, to be substituted for assigned counsel, to strike the brief filed by assigned counsel, and for leave to serve and file a replacement brief on behalf of the appellant. The appellant's motion to dispense with printing and for assignment of counsel was granted on October 21, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

David L. Rich, Esq.

175 Main Street - Suite 711-2

White Plains, New York 10601

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Benjamin Greenwald, Esq.

99 Brookside Avenue

Chester, New York 10918

(845) 469-4900

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

ORDERED that the brief filed by assigned counsel is stricken, and retained counsel's time to serve and file a replacement brief on behalf of the appellant is enlarged; retained counsel shall serve and file a replacement brief on behalf of the appellant on or before January 16, 2007; and it is further,

ORDERED that the brief filed by the respondent on December 27, 2005, is stricken, and the respondent shall serve and file a new brief in response to the replacement brief to be filed by retained counsel; and it is further,

ORDERED that on the court's own motion, the decision and order on motion of this court, dated February 1, 2006, which granted the appellant's pro se motion for leave to serve and file a supplemental pro se brief, is recalled and vacated in light of the determination of this instant motion, in effect, to be substitute retained counsel for assigned counsel, and for leave to serve and file a supplemental brief on behalf of the appellant, and the appellant's pro se motion for leave to serve and file a supplemental brief is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court