| PEOPLE EX REL. FRANKLIN LEONARD V JOHN BURGE, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: KAH 05-02606 |
| Slip Opinion No: 2008 NYSlipOp 74764(U) |
| Decided on April 30, 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. |
KAH 05-02606
Inmate # 99-B-0631, MID-STATE CORRECTIONAL FACILITY
Index No:05-0190
| PEOPLE OF THE STATE OF NEW YORK EX REL. FRANKLIN LEONARD,
PETITIONER-APPELLANT, V JOHN BURGE, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
An order having been entered on January 27, 2006, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Jethro Loftus, Esq. as counsel to perfect the appeal,
Now, upon reading and filing the statement of Jethro Loftus, Esq., dated April 21, 2008,
It is hereby ORDERED that Charles A. Marangola, Esq., P.O. Box 17, Moravia, New York 13118, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Supreme Court, Cayuga County, entered in the Cayuga County Clerk's Office on August 18, 2005, in place of Jethro Loftus, 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 Cayuga County is directed to provide Charles A. Marangola, 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 June 9, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).
Entered: April 30, 2008
JOANN M. WAHL, Clerk