Appellate Division: Second Judicial Department

M55954

F/

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-01146 People of State of New York, respondent, v Jose Fiol, appellant.

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment

Motion by the appellant pro se to relieve assigned counsel and to assign new counsel in connection with proceedings pursuant to Correction Law § 168-n to prosecute an appeal from a determination of the Supreme Court, Queens County, dated January 5, 2006.

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

ORDERED that the motion is granted, and the former 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 to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that pursuant to Correction Law article 6-C the appellant's status as a poor person continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any hearing held in connection with the determination dated January 5, 2006, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until November 9, 2007; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

CRANE, J.P., KRAUSMAN, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court