People v Gouveia, Ansel
Motion No: 2005-08666
Slip Opinion No: 2008 NYSlipOp 77821(U)
Decided on July 15, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M73173

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2005-08666

The People, etc., respondent,

v Ansel Gouveia, appellant.

(Ind. No. 1130/05)

2005-08664

The People, etc., respondent,

v Steven Gerrara, appellant.

(Ind. No. 1130/05)

DECISION & ORDER ON MOTION

Motion by Ansel Gouveia to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered August 19, 2005 (Appellate Division Docket No. 2005-08666), to substitute retained counsel, to continue his status as a poor person, and to consolidate that appeal with an appeal by Steven Gerrara from a judgment of the same court, rendered August 18, 2005 (Appellate Division Docket No. 2005-08664). The motion of Ansel Gouveia to dispense with printing and for assignment of counsel was granted on June 27, 2006, and by decision and order on motion dated March 6, 2008, the following named attorney was assigned as counsel to prosecute his appeal:

Warren S. Hecht, Esq.

118-21 Queens Blvd. - Suite 518

Forest Hills, New York 11375

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

ORDERED that the branch of the motion which is to relieve assigned counsel and to substitute retained counsel is granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Jonathan I. Edelstein, Esq.

271 Madison Avenue, 20th Floor

New York, New York 10016

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. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeals will be calendared together and will be argued or submitted on the same day.

DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court