APPELLATE DIVISION DOCKET NO. KA 07-00779
INMATE # 89-B-1984, GREAT MEADOW CORRECTIONAL FACILITY

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BENJAMIN RIVERA, DEFENDANT-APPELLANT. INDICTMENT NO. 0687/88

An order having been entered on October 9, 2007, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Edward J. Nowak, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Drew R. DuBrin, Esq., dated June 25, 2008,

It is hereby ORDERED that Gary Muldoon, Esq., 144 Exchange Boulevard, Suite 402, Rochester, New York 14614, is substituted as counsel to conduct the above-entitled appeal taken from an order of the Monroe County Court, entered in the Monroe County Clerk's Office on March 14, 2007, in place of Edward J. Nowak, Esq; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Monroe County is directed to provide Gary Muldoon, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based; and

It is further ORDERED that said record and briefs are to be filed and served on or before October 31, 2008.

Entered: July 1, 2008

JOANN M. WAHL, Clerk