Appellate Division: Second Judicial Department

M55112

S/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2006-09217 The People, etc., respondent, v Willie Dyla, appellant. (Ind. No. 54479/82)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by counsel assigned to file a brief on the issue of whether the prosecutor's use of peremptory challenges constituted a Batson violation (see Batson v Kentucky, 476 US 79), in connection with the appellant's application to vacate, on the on the ground of ineffective assistance of appellate counsel, an opinion and order of this court dated December 30, 1988 (People v Dyla, 142 AD2d 423), affirming a judgment of the County Court, Nassau County, rendered May 16, 1984, to be relieved and to assign new counsel to file a brief. The decision and order assigning an attorney to brief the above issue was dated April 10, 2007, and the following named attorney was assigned as counsel:

Philip L. Tomich, Esq.

1000 Franklin Ave., Suite 201

Garden City, New York 11530

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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Beverly Van Ness, Esq.

74 Trinity Place - 11th Floor

New York, New York 10006

and it is further,

ORDERED that the appellant's time to file a brief in connection with the application is enlarged; assigned counsel shall prosecute the application expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

SPOLZINO, J.P., RITTER, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court