Appellate Division: Second Judicial Department

M67442

E/nl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-05889 The People, etc., respondent, v James Brown, appellant. (Ind. No. 2434/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 7, 2008, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered June 6, 2006, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on September 20, 2006, and the following named attorney was assigned to prosecute the appeal:

Annamatesha Nicola Howell, Esq.

185 Merrick Road - Suite LLA

Lynbrook, New York 11751

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Thomas A. Kenniff, Esq.

1517 Franklin Avenue - Suite 300

Mineola, New York 11501

and it is further,

ORDERED that on or before April 10, 2008, newly assigned counsel shall advise this court whether he will (1) adopt the brief filed by former assigned counsel, (2) file a supplemental brief, or (3) withdraw the brief previously filed and file a new brief.

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court