Appellate Division: Second Judicial Department

M73081

E/sl

STEVEN W. FISHER, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

1993-00525 The People, etc., respondent, v Michael Cobb, appellant. (Ind. No. 10070/91)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated November 20, 2003, which dismissed an appeal from a judgment of the Supreme Court, Kings County, rendered January 5, 1993, as abandoned pursuant to 22 NYCRR 670.8(f), to reinstate the appeal, to enlarge the time to perfect the appeal, to relieve James Kousouros, Esq., as attorney of record, and to assign counsel to prosecute the appeal.

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 it is further,

ORDERED that the decision and order on motion of this court dated November 20, 2003, is recalled and vacated; and it is further,

ORDERED that James Kousouros, Esq., 80-02 Kew Gardens Road - Suite 1030, Kew Gardens, New York 11415, is relieved, and on or before August 11, 2008, former counsel is directed to turn over all papers in the action as well as all transcripts 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 prosecute the appeal:

Lynn W. L. Fahey

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged and the appellant shall perfect the appeal on or before December 18, 2008; and it is further,

ORDERED that assigned counsel is directed to serve copies of this order upon the Clerk of the court from which the appeal is taken and upon James Kousouros, Esq.

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

ENTER:

James Edward Pelzer

Clerk of the Court