APPELLATE DIVISION DOCKET NO. KA 08-01505
Inmate # 08-B-1960, FIVE POINTS CORRECTIONAL FACILITY
INDICTMENT NO. 2007-0950

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V STEPHEN SIMON, ALSO KNOWN AS "LUCK", DEFENDANT-APPELLANT.

An order having been entered on August 6, 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 November 7, 2008,

It is hereby ORDERED that Kevin J. Bauer, Esq., 6 Ferndale Street, Albany, New York 12208, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Erie County Court, rendered June 11, 2008, 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 Kevin J. Bauer, 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 March 26, 2008.

Entered: November 26, 2008

JOANN M. WAHL, Clerk