APPELLATE DIVISION DOCKET NO. KA 08-00626
Inmate # 06-B-2141, COXSACKIE CORRECTIONAL FACILITY
INDICTMENT NO. 2006-00130

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, V RICKY RIZEK, DEFENDANT-APPELLANT.

An order having been entered on April 2, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning David C. Schopp, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Barbara J. Davies, Esq. dated July 14, 2008,

It is hereby ORDERED that Thomas E. Andruschat, Esq., 35 Park Lane South, East Aurora, New York 14052, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Erie County Court, entered in the Erie County Clerk's Office on July 24, 2006, in place of David C. Schopp, Esq; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Erie County is directed to provide Thomas E. Andruschat, 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;

It is further ORDERED that said record and briefs are to be filed and served on or before November 28, 2008.

Entered: July 17, 2008

JOANN M. WAHL, Clerk