Appellate Division: Second Judicial Department

M72962

S/sl

STEVEN W. FISHER, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2005-06912 The People, etc., respondent, v Paul Rembert, appellant. (Ind. No. 04-01671)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Westchester County, rendered July 7, 2005, which was determined by decision and order of this court dated June 3, 2008. The appellant's assigned counsel, Joshua Siegel, Esq., made a motion before the Court of Appeals for leave to appeal to that court. The Clerk of the Court of Appeals has advised the Clerk of this court that Mr. Siegel has died.

Now, on the court's own motion, it is

ORDERED that the pursuant to County Law § 722 the following named attorney is assigned as counsel for the purpose of making any motions deemed appropriate with respect to the decision and order of this court dated June 3, 2008, including, but not limited to, pursuing the pending motion for leave to appeal to the Court of Appeals from the decision and order dated June 3, 2008:

Abraham Mayers, Esq.

976 McLean Avenue, # 382

Yonkers, New York 10704

and it is further,

ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the Court of Appeals and the Clerk of the court from which the appeal was taken.

FISHER, J.P., LIFSON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court