PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NO. KA 06-03043

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, V EDDIE AVILEZ, DEFENDANT-APPELLANT.

Appellant having moved for reassignment of counsel on the appeal from a judgment of the Monroe County Court entered in the Office of the Clerk of the County of Monroe on June 30, 2006,

Now, upon reading and filing the affidavit of Eddie Avilez, sworn to October 31, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted to the extent that Edward J. Nowak, Esq. is relieved of his assignment to represent appellant; and

It is further ORDERED that Richard W. Youngman, Esq., Monroe County Conflict Defender, 30 West Broad Street, Suite 306, Rochester, New York 14614, is substituted as counsel to prosecute the above-entitled appeal from a judgment of the County Court entered in the Office of the Clerk of the County of Monroe on June 30, 2006, in place of Edward J. Nowak, 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 the County of Monroe is directed to provide appellant 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 the records and briefs are to be filed and served on or before April 4, 2008.

Entered: December 6, 2007

JoAnn M. Wahl, Clerk