Appellate Division: Second Judicial Department

M74432

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

ARIEL E. BELEN, JJ.

2006-09200 The People, etc., respondent, v Shatell Spurgeon, appellant. (Ind. No. 842/03)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered September 15, 2006, and substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on January 8, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 the following retained counsel is substituted for assigned counsel on the appeal:

Paula Scwartz Frome, Esq.

1325 Franklin Avenue, Suite 225

Garden City, New York 11530

and it is further,

ORDERED that the so much of the decision and order of this court dated January 8, 2007, as granted that branch of the appellant's motion which was for poor person relief is recalled and vacated and assigned counsel is directed to turn over all papers in the action, including any transcripts she may have obtained, to the Clerk of this court; 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 retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

RIVERA, J.P., MILLER, COVELLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court