Appellate Division: Second Judicial Department

M72184

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WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2004-03772 The People, etc., respondent, v Marvin Osorio, appellant. (Ind. No. 2319/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, rendered April 23, 2004, which was determined by decision and order of this court dated March 4, 2008, for poor person relief and for the assignment of new counsel to make any additional motions or applications deemed necessary, including the filing of papers in connection with the appellant's application for leave to appeal to the Court of Appeals from the decision and order of this court dated March 4, 2008. The appellant was granted leave to prosecute the appeal as a poor person on May 6, 2005. Richard L. Gumo, Esq., 130 Main Street, Delhi, New York, prosecuted the appeal as pro bono counsel

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

ORDERED that the motion is granted, and Richard L. Gumo, Esq., is relieved and is directed to turn over all papers in the 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 make any additional motions or applications deemed necessary, including the filing of papers in connection with the appellant's application for leave to appeal to the Court of Appeals from the decision and order of this court dated March 4, 2008:

Marianne Karas, Esq.

Box 277

Armonk, New York 10504

MASTRO, J.P., DILLON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court