APPELLATE DIVISION DOCKET NO. KA 08-02011
Inmate # 08-B-3097, LIVINGSTON CORRECTIONAL FACILITY
INDICTMENT NO. 2007-2123

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V THOMAS W. STORY, DEFENDANT-APPELLANT.

An order having been entered on October 24, 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 December 1, 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 Erie County Court, rendered September 17, 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 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.

Entered: December 10, 2008

JOANN M. WAHL, Clerk