Appellate Division: Second Judicial Department

M60720

F/

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2007-02994 People of State of New York, respondent, v Kevin Sceravino, appellant.

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

Motion by counsel assigned to represent the appellant before the County Court, Suffolk County, in connection with proceedings pursuant to Correction Law § 168-n to be relieved of an assignment to prosecute an appeal from a determination of the County Court, Suffolk County, dated March 12, 2007, and to assign new counsel to represent the appellant on the appeal. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on May 17, 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 the former assigned 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:

Salvatore Adamo, Esq.

PMB 40

350 Fifth Avenue - Suite 3304

New York, New York 10118-0069

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's risk level determination, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall 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 NYCRR 670.9[d][2], and by serving and filing his brief on the appeal on or before April 10, 2008; 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.

SCHMIDT, J.P., GOLDSTEIN, SKELOS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court