APPELLATE DIVISION DOCKET NO. KA 07-00688
Inmate # 06-B-2754, MOHAWK CORRECTIONAL FACILITY
INDICTMENT NO. 2004-001

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICHARD B. JERMAIN, DEFENDANT-APPELLANT.

An order having been entered on June 5, 2007, assigning David J. Farrugia, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Joseph G. Frazier, Esq., dated November 7, 2007,

It is hereby ORDERED that Matthew E. Brooks, Esq., P.O. Box 450, Lockport, New York 14095, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Niagara County Court, entered in the Niagara County Clerk's Office on September 21, 2006, in place of David J. Farrugia, 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 Niagara County is directed to provide Matthew E. Brooks, 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 13, 2008.

Entered: November 13, 2007

JOANN M. WAHL, Clerk