Appellate Division: Second Judicial Department

M75429

F/

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-10104 The People, etc., ex rel., James Burgess, appellant, v Robert Ercole, etc., respondent. (Index No. 1595/07)

DECISION & ORDER ON MOTION Motion Pro Se to Relieve Counsel and to Assign New Counsel Habeas Corpus Proceeding

Motion by the appellant pro se to relieve assigned counsel and for assignment of new counsel to prosecute appeal from an order of the Supreme Court, Dutchess County, dated July 31, 2007. The appellant's motion to dispense with printing and to assign counsel was granted on April 18, 2008, and the following named attorney was assigned as counsel to prosecute the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

Upon the papers filed in support of the motion and 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 proceeding to new counsel herein assigned; and it is further,

ORDERED that pursuant to statute (Judiciary Law, §35), the following named attorney is assigned as counsel to prosecute the appeal:

Gary Eisenberg, Esq.

10 Esquire Road - Suite 10

New City, New York 10956

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged.

MASTRO, J.P., SKELOS, DILLON, and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court