Appellate Division: Second Judicial Department

M81923

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2006-11627 The People, etc., respondent, v Richard Poux, appellant. (Ind. No. 447/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered December 6, 2006, to substitute retained counsel for assigned counsel, to strike the brief filed by assigned counsel, to enlarge the time to perfect the appeal, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on March 26, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Robert Didio, Esq.

80-02 Kew Gardens Road - Suite 1030

Kew Gardens, New York 11415

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

ORDERED that the appellant's brief and the respondent's brief are stricken, and retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court