Appellate Division: Second Judicial Department

M62648

F/

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2007-02263 The People, etc., respondent, v Michael J. Janitz, appellant. (Ind. No. 06-06415)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 5, 2007. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on April 27, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:

Brian Nugent, Esq.

50 Route 9W

Stony Point, New York 10980

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Michele Marte-Indzonka, Esq.

46 So. Plank Road

Newburgh, New York 12550

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 presentence 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, concur.

ENTER:

James Edward Pelzer

Clerk of the Court