People v Elting, William, III
Motion No: 2005-03000
Slip Opinion No: 2007 NYSlipOp 83299(U)
Decided on November 8, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M62191

E/sl

STEPHEN G. CRANE, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2005-03000

The People, etc., respondent,

v William Elting III, appellant.

(Ind. No. 23/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an order of the County Court, Dutchess County, dated March 15, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, and for assignment of new counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied without prejudice to seeking to file a pro se supplemental brief after assigned counsel files a brief; and it is further,

ORDERED that, on or before December 7, 2007, the appellant's assigned counsel shall serve and file a brief raising any and all issues to be addressed concerning the order dated March 15, 2005; and it is further,

ORDERED that the respondent shall serve and file a brief in response to the appellant's brief on or before February 12, 2008, and the appellant may serve and file a reply brief, if any, on or before February 27, 2008.

CRANE, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court