| PEOPLE V STACEY FULLER |
| Motion No: KA 06-02974 |
| Slip Opinion No: 2008 NYSlipOp 66966(U) |
| Decided on March 4, 2008 |
| 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. KA 06-02974
Indictment No. 2154-2005
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V STACEY
FULLER, DEFENDANT-APPELLANT. |
Appellant having moved to withdraw the brief filed on the appeal taken from a judgment of the Erie County Court entered in the Office of the Clerk of the County of Erie on September 20, 2006, and for other relief,
Now, upon reading and filing the affidavit of Stacey Fuller, sworn to December 18, 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the motion be and the same hereby is granted to the extent that the brief filed by assigned counsel is hereby deemed withdrawn; and
It is further ORDERED that David C. Schopp, Esq., is relieved of his assignment to represent appellant; and
It is further ORDERED that
MICHAEL J. STACHOWSKI, ESQ.
2025 CLINTON STREET
BUFFALO, NEW YORK 14206
is substituted as assigned counsel to prosecute the above-entitled appeal from a judgment of the Erie County Court entered in the Office of the Clerk of the County of Erie on September 20, 2006, in place of David C. Schopp, 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 Erie is directed to provide Michael J. Stachowski, 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 the appeal is removed from the calendar for the term of this Court commencing on May 12, 2008; and
It is further ORDERED that the appellant perfect the appeal on or before June 2, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order; and
It is further ORDERED that the motion is otherwise denied.
Entered: March 4, 2008
JoAnn M. Wahl, Clerk