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

DOCKET NO. KAH 07-01507
Index No. 2007-0160

PEOPLE OF THE STATE OF NEW YORK EX REL. ROBERT C. HINTON, JR., PETITIONER-APPELLANT. V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT,

Appellant having moved for reassignment of counsel on the appeal from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on May 9, 2007, and for other relief,

Now, upon reading and filing the statement of Robert C. Hinton, dated May 9, 2008, 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 Robert P. Bahr, Esq. is relieved of his assignment to represent appellant; and

It is further ORDERED that

John A. Cirando, Esq.

101 South Salina Street

Suite 1010

Syracuse, New York 13202

is substituted as assigned counsel to conduct the above-entitled appeal from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on May 9, 2007, in place of Robert P. Bahr, 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 Cayuga is directed to provide John A. Cirando, 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 ordering paragraph of the order of this Court entered March 31, 2008 is hereby amended by striking therefrom the date of May 30, 2008 and inserting in place thereof the date of September 17, 2008, and

It is further ORDERED that the motion is otherwise denied.

Entered: June 19, 2008

JoAnn M. Wahl, Clerk