Appellate Division: Second Judicial Department

M72672

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

ANITA R. FLORIO

EDWARD D. CARNI, JJ.

2006-09238 The People, etc., respondent, v James McRae, appellant. (Ind. No. 06-056)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered September 12, 2006, and to proceed pro se. On December 12, 2006, the appellant's motion to dispense with printing and for assignment of counsel was granted and the following named attorney was assigned as counsel to prosecute the appeal:

John M. Schwarz, Jr., Esq.

103 Washington Avenue

Suffern, New York 10901

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

ORDERED the motion is granted; and it is further,

ORDERED that the assigned counsel is relieved of the assignment and is directed to deliver any transcripts of the proceedings in his possession and all papers on the appeal to the Clerk of this court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use. The transcript shall be returned to this court when the appellant files his appellate brief; and it is further,

ORDERED that assigned counsel's brief is stricken, and the appellant's time to serve and file his brief on the appeal is enlarged until September 30, 2008.

SKELOS, J.P., RITTER, FLORIO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court