People v Delbert Shofkam



People v Delbert Shofkam
Motion No: 01507
Slip Opinion No: 2008 NYSlipOp 82573(U)
Decided on August 22, 2008
Appellate Division, Third Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



Decided and Entered:August 22, 2008Case #101507


THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

v
DELBERT SHOFKAM,

Appellant.


DECISION AND ORDER
ON MOTION


Motion by appellant to relieve assigned counsel, John E. Kenny, Esq.., from further representation of appellant herein and for assignment of new counsel.

Upon the papers filed in support of said motion, and papers having been filed by John E. Kenny, Esq. consenting to same, it is

ORDERED that John E. Kenny, Esq., P.O. Box 96, Middle Falls, New York, 12848, (518) 222-1276, is relieved from any further obligation to represent appellant, and it is further

ORDERED that Mitch Kessler, Esq., 63 Pike Creek Drive, Cohoes, New York 12047, (518) 235-6312, is assigned in the place and stead of said former counsel pursuant to County Law §722, and shall perfect the appeal in accordance with section 800.14 of the Rules of Practice (22NYCRR 800.14), and it is further

ORDERED that pursuant to section 800.4 (c) of said Rules the Chenango County Court Clerk is directed to furnish appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter, and one copy of any other paper or document on file in that office which is material and relevant to this appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court, PROVIDED that if such minutes and other papers and documents have already been provided to said former assigned appellate counsel, such counsel shall forward same to said Mitch Kessler, Esq., within 10 days from the date hereof.

Counsel's time to perfect this appeal is extended to 45 days after the minutes and documents related hereto are filed in the office of the Chenango County Court Clerk or after such minutes and documents are delivered by said former assigned appellate counsel. In the event the minutes are not filed within 60 days from the date of this decision, within 10 days thereafter, counsel shall move on notice for a further extension of time.
CARDONA, P.J., PETERS, SPAIN, ROSE and LAHTINEN, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court