APPELLATE DIVISION DOCKET NO. KA 07-02484
Inmate # 07-B-3703, AUBURN CORRECTIONAL FACILITY
INDICTMENT NO. 2007-0121

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ALTON DAVIS, DEFENDANT-APPELLANT.

An order having been entered on January 14, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning David C. Schopp, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Barbara J. Davies, Esq. dated October 20, 2008,

It is hereby ORDERED that Charles J. Greenberg, Esq., P.O. Box 102, Buffalo, New York 14207-0102, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Supreme Court, Erie County, rendered October 22, 2007, in place of David C. Schopp, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Erie County is directed to provide Charles J. Greenberg, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based; and

It is further ORDERED that said record and briefs are to be filed and served on or before February 28, 2009.

Entered: October 31, 2008

JOANN M. WAHL, Clerk