Appellate Division: Second Judicial Department

M59341

F/

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

EDWARD D. CARNI, JJ.

2006-05893 The People, etc., respondent, v Racca Nelson, appellant. (Ind. No. 5127/04)

DECISION & ORDER ON MOTION

Motion by Ramon W. Pagan, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 1, 2006, 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 October 23, 2006, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:

Ramon W. Pagan, Esq.

2116 Williamsbridge Road

Bronx, New York 10461

and it is further,

ORDERED that the poor person status is continued, 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.

CRANE, J.P., GOLDSTEIN, SKELOS, and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Ramon W. Pagan, Esq.

2116 Williamsbridge Road

Bronx, New York 10461