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

KA 05-00425
Indictment No: 04-04-065

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LAMON MCKOY, DEFENDANT-APPELLANT.

Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Ontario County Court entered in the Office of the Clerk of the County of Ontario on February 10, 2005,

Now, upon reading and filing the affirmation of James S. Hinman, Esq., dated December 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, on the condition that the appeal is perfected on or before June 2, 2008; and

It is further ORDERED that James S. Hinman, Esq. is relieved of his assignment to represent appellant; and

It us further ORDERED that

JOHN A. CIRANDO, ESQ.

101 SOUTH SALINA STREET, STE 1010

SYRACUSE, NEW YORK 13202-1350

is substituted as assigned counsel to prosecute the above-entitled appeal from a judgment of the Ontario County Court entered in the Office of the Clerk of the County of Ontario on February 10, 2005, in place of James S. Hinman, 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 Ontario is directed to provide John A. Cirando, Esq. with copies of all papers and transcripts, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based.

Entered: March 4, 2008

JoAnn M. Wahl, Clerk