People v Gibian, Zachary
Motion No: 2007-01192
Slip Opinion No: 2007 NYSlipOp 78085(U)
Decided on September 14, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M59641

F/

HOWARD MILLER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-01192

The People, etc., respondent,

v Zachary Gibian, appellant.

(Ind. No. 599-05)

DECISION & ORDER ON MOTION

Motion by William J. Keahon, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered January 17, 2007, and to continue his poor person status on the appeal. The appellant's motion to dispense with printing and for assignment of counsel was granted on March 13, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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:

William J. Keahon, Esq.

One Suffolk Square - Suite 500

Islandia, New York 11749

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

MILLER, J.P., COVELLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

William J. Keahon, Esq.

One Suffolk Square - Suite 500

Islandia, New York 11749