Appellate Division: Second Judicial Department

M53273

T/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2004-07746 The People, etc., respondent, v Joseph Browning, appellant. (Ind. No. 2071-03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered August 16, 2004. The appellant's motion to dispense with printing and for assignment of counsel on the appeal was granted on June 13, 2005. The following named attorney was assigned to prosecute the appeal:

Rachel G. Kerdman, Esq.

7 Cornell Court South

Smithtown, New York 11787

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 denied; and it is further,

ORDERED that on the court's own motion, counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Joseph Hanshe, Esq.

116 Greene Avenue

Sayville, New York 11782

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 pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant 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 prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

RIVERA, J.P., FLORIO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court