APPELLATE DIVISION DOCKET NO. KA 07-01890
SCI No. 04-78

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EDWARD W. HARDY, JR., DEFENDANT-APPELLANT.

An order having been entered on September 27, 2007, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Gary A. Horton, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Bridget L. Field, Esq., dated October 2, 2007,

It is hereby ORDERED that E. Robert Fussell, Esq., 46 Wolcott Street, Suite One, LeRoy, New York 14482, is substituted as counsel to conduct the above-entitled appeal taken from an order of the Genesee County Court, entered in the Genesee County Clerk's Office on August 9, 2007, in place of Gary A. Horton, Esq; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Genesee County is directed to provide E. Robert Fussell, 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 briefs are to be filed and served on or before May 22, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: October 18, 2007

JOANN M. WAHL, Clerk