PEOPLE V MONTREZ L. MCMATH
Motion No: KA 07-01080
Slip Opinion No: 2007 NYSlipOp 84233(U)
Decided on November 13, 2007
Appellate Division, Fourth 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.


November 13, 2007

APPELLATE DIVISION DOCKET NO. KA 07-01080
Inmate # 07-B-0566, GROVELAND CORRECTIONAL FACILITY
Indictment No. 2006-239

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT,

V

MONTREZ L. MCMATH, DEFENDANT-APPELLANT.


An order having been entered on June 5, 2007, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Frank J. Nebush, Jr., Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Robert R. Reittinger, Esq., dated October 18, 2007,

It is hereby ORDERED that Christopher J. Pelli, Esq., 3 Derbyshire Place, Utica, New York 13501, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Oneida County Court, entered in the Oneida County Clerk's Office on February 9, 2007, in place of Frank J. Nebush, Jr., 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 Oneida County is directed to provide Christopher J. Pelli, 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