PEOPLE V DAVID J. HORNING
Motion No: KA 06-01747
Slip Opinion No: 2007 NYSlipOp 87800(U)
Decided on December 20, 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.


December 20, 2007

APPELLATE DIVISION DOCKET NO. KA 06-01747
Inmate # 93-B-0244, CAPE VINCENT CORRECTIONAL FACILITY
Indictment No. 92-92

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

V

DAVID J. HORNING, DEFENDANT-APPELLANT.


An order having been entered on October 31, 2007, assigning Ronald C. Valentine, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of James S. Kernan, Esq., dated November 13, 2007,

It is hereby ORDERED that William G. Pixley, Esq., 79 Chapel Hill Drive, Rochester, New York 14617, is substituted as counsel to conduct the above-entitled appeal taken from an order of the Wayne County Court, entered in the Wayne County Clerk's Office on June 2, 2006, in place of Ronald C. Valentine, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Wayne County is directed to provide William G. Pixley, 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.

Entered: December 20, 2007

JOANN M. WAHL, Clerk