Appellate Division: Second Judicial Department

M62374

F/

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-10645 The People, etc., respondent, v James Stalter, appellant. (Ind. No. 02-00737)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel And to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Orange County, rendered December 1, 2003, was granted on March 24, 2004. The following named attorney was assigned to prosecute the appeal:

Philip C. Schiffman, Esq.

11 E. Main Street

P.O. Box 128

Washingtonville, New York, 10992

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Gary Eisenberg, Esq.

10 Esquire Road - Suite 10

New City, New York 10956

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 pre-sentence report prepared in connection with the defendant's sentencing, 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 prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court