| People v Francis J. Pelkey |
| Motion No: 101838 |
| Slip Opinion No: 2008 NYSlipOp 89626(U) |
| Decided on November 13, 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 13,
2008
Case # 101838
THE PEOPLE OF THE STATE OF NEW
YORK, Respondent, v Appellant. | DECISION AND
ORDER |
Motion 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 motion, and no papers having been filed in
opposition thereto, it is
ORDERED that Michael B. Fisher, Esq., 46 Fox Farm Road, Wilmington, New York 12997, (518) 946-7855, is
relieved from any further obligation to represent appellant, and it is further
ORDERED that G. Scott Walling, Esq., 13 Butternut Hill
Drive, Queensbury, New York 12804, (518) 745-4257, 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 Clinton 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 G. Scott Walling, 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 Clinton 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., SPAIN,
CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court