Appellate Division: Second Judicial Department

M57874

E/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-01507 The People, etc., respondent, v Rudy Hernandez, appellant. (Ind. No. 1234/06)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Nassau County, rendered January 18, 2007. The appellant's motion to dispense with printing and for assignment of counsel was granted on April 10, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:

Martha R. Hochberger, Esq.

74 Crystal Court

Hewlett, New York 11557

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

Anthony Denaro, Esq.

62 Nichols Court, Ste. 200

Hempstead, New York 11550

and it is further,

ORDERED that the decision and order of this court dated April 10, 2007, which granted poor person relief and assigned counsel is recalled and vacated; 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.

SANTUCCI, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court