DOCKET NO. KA 07-00685
Inmate # 07-B-0141, WENDE CORRECTIONAL FACILITY
Indictment No. 05-211-2

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KYLE E. MILLER, DEFENDANT-APPELLANT.

An order having been entered on June 12, 2007, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Jay D. Carr, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Jay D. Carr, Esq. dated June 25, 2007,

It is hereby ORDERED that John A. Cirando, Esq., 101 South Salina Street

Suite 1010, Syracuse, New York 13202-1350, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Cattaraugus County Court entered in the Cattaraugus County Clerk's Office on January 8, 2007, in place of Jay D. Carr, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Cattarauagus County is directed to provide John A. Cirando, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based;

It is further ORDERED that said record and briefs are to be filed and served on or before January 28, 2008.

Entered: September 26, 2007

JOANN M. WAHL, Clerk