Appellate Division: Second Judicial Department

M74443

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2007-05862 The People, etc., respondent, v Marc Douglas, appellant. (Ind. No. 06-00395)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Westchester County, rendered May 31, 2007, and to substitute retained counsel, to strike the brief previously filed by assigned counsel, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on November 9, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:

Charles O. Lederman, Esq.

15 Avondale Road

White Plains, New York 10605

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 said assigned counsel is directed to turn over all papers in the action to retained counsel:

Ronald L. Kuby, Esq.

119 West 23rd Street, Suite 900

New York, New York 10011

and it is further,

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

ORDERED that assigned counsel's brief filed with the Clerk of the court on June 6, 2008, is stricken; and it is further,

ORDERED that the appellant's time to serve and file a brief is enlarged until October 14, 2008.

SANTUCCI, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court