Appellate Division: Second Judicial Department

M65498

F/

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2004-09453 The People, etc., respondent, v Francis Weinsheimer, appellant. (Ind. No. 2080-03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by retained counsel to be relieved of representing the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered October 4, 2004. The appellant's motion for leave to prosecute the appeal as a poor person was granted on April 27, 2007, and the following named attorney was retained as counsel to prosecute the appeal:

William J. Keahon, P.C.

One Suffolk Square - Suite 500

Islandia, New York 11749

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

ORDERED that the motion is granted, retained counsel is relieved and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Richard L. Herzfeld, Esq.

555 Fifth Avenue - 14th Floor

New York, New York 10017

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

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

ENTER:

James Edward Pelzer

Clerk of the Court