KAH 07-00912
Inmate # 99-B-1686 ORLEANS CORRECTIONAL FACILITY

PEOPLE OF THE STATE OF NEW YORK EX REL. LUCAS FOOTE, PETITIONER-APPELLANT, V RICHARD J. PISCOTTI, SHERIFF OF WAYNE COUNTY, RESPONDENT-RESPONDENT. Index No: 60164

An order having been entered on September 5, 2007, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning David M. Parks, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of David M. Parks, Esq., dated September 27, 2007,

It is hereby ORDERED that Gary Muldoon, Esq., 144 Exchange Street, Suite 402, Rochester, New York 14614, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Wayne County Court, entered in the Wayne County Clerk's Office on February 13, 2007, in place of David M. Parks, 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 Wayne County is directed to provide Gary Muldoon, 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; and

It is further ORDERED that said record and briefs are to be filed and served on or before March 15, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: October 5, 2007

JOANN M. WAHL, Clerk