APPELLATE DIVISION DOCKET NO. KA 07-00127
Inmate # 06-A-6364, ATTICA CORRECTIONAL FACILITY
Indictment No. 2006-0235

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JACOB ROUSE, DEFENDANT-APPELLANT.

An order having been entered on January 26, 2007, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Edward J. Nowak, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Drew R. DuBrin, Esq., dated December 23, 2008,

It is hereby ORDERED that Mark D. Funk, 144 Exchange Boulevard, Rochester, New York 14614, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Monroe County Court, rendered November 22, 2006, in place of Edward J. Nowak, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Monroe County is directed to provide Mark D. Funk, 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 May 21, 2009.

Entered: January 21, 2009

JOANN M. WAHL, Clerk