| People v Donald A. Freeman |
| Motion No: 504983 |
| Slip Opinion No: 2008 NYSlipOp 89088(U) |
| Decided on November 12, 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:
November 12, 2008Case #
504983
THE PEOPLE OF THE STATE OF NEW YORK,
Respondent, v | DECISION AND
ORDER |
Application by assigned counsel to be relieved from the obligation to further represent appellant herein and for assignment
of new counsel.
Upon the papers filed in support of said application, and no papers having been filed in opposition thereto, it is
ORDERED that Nancy M. Eraca-Cornish, Esq., Chemung County Public Defender, 163 Lake Street, P.O. Box 588, Elmira, New York
14902-0588, (607) 737-2969, is relieved from any further obligation to represent appellant, and it is further
ORDERED that Richard W.
Rich, Jr., Esq., Chemung County Public Advocate, 219 Madison Avenue, P.O. Box 588, Elmira, New York 14902-0588, (607) 737-5577, is assigned
in the place and stead of said former counsel, and shall perfect same in accordance with Articles 55, 56 and 57 of the CPLR and section 800.4 (c)
of the Rules of Practice (22 NYCRR 800.4 [c]) and it is further
ORDERED that pursuant to CPLR section 1102(b), the office of the
Chemung County Court Clerk shall furnish to appellant's counsel one copy of the transcripts of the stenographic minutes of all proceedings in the
matter, and one copy of any other paper or document on file in that office which is material and relevant to the appeal, except those portions which
appellant's counsel or the court which made the order being appealed determines are unnecessary for perfection of the appeal, and to forthwith forward
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 Richard W. Rich, Jr., Esq., within 10 days from the date hereof.
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the
Court