Appellate Division: Second Judicial Department

M55271

E/sl

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-02096 The People, etc., respondent, v Nicholas Vassell, appellant. (Ind. No. 1111/06)

DECISION & ORDER ON MOTION

Motion by the appellant to substitute retained counsel for assigned counsel and recall and vacate so much of a decision and order on motion of this court dated April 18, 2007, as granted that branch of his motion which was for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered January 19, 2007, as a poor person, and to enlarge the time to perfect the appeal. The following attorney was assigned as counsel:

Leon H. Tracy, Esq.

366 North Broadway, Suite 410-D9

Jericho, NY 11753-2826

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 so much of the decision and order on motion of this court dated April 18, 2007, as granted that branch of the appellant's motion which was for poor person relief is recalled and vacated and that branch of the motion is denied; and it is further,

ORDERED that assigned counsel is directed to turn over all papers in the action to retained counsel:

Gail Gray, Esq.,

770 Broadway - Second Floor

New York, New York 10003

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 (see 22 NYCRR 670.1, et seq.) and written directions.

FLORIO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court