APPELLATE DIVISION DOCKET NO. KA 06-03787
Inmate # 06-B-3550, ELMIRA CORRECTIONAL FACILITY
INDICTMENT NO. 00936-2005

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DOMINICK SUTTON, DEFENDANT-APPELLANT.

An order having been entered on February 23, 2007, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning David C. Schopp, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Barbara J. Davies, Esq. dated March 19, 2008,

It is hereby ORDERED that Kevin J. Bauer, Esq., 728 Ellicott Square Building, Buffalo, New York 14203, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Erie County Court, entered in the Erie County Clerk's Office on December 27, 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 10 copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Erie County is directed to provide Kevin Bauer, 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 said record and briefs are to be filed and served on or before August 1, 2008.

Entered: April 2, 2008

JOANN M. WAHL, Clerk