APPELLATE DIVISION DOCKET NO. KA 08-00527

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V THOMAS GREGORY, DEFENDANT-APPELLANT. Indictment No. 90-W0382

An order having been entered March 26, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Timothy P. Donaher, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of James Eckert, Esq., dated January 20, 2009,

It is hereby ORDERED that Kimberly J. Czapranski, Esq., Acting Monroe County Conflict Defender, 30 West Broad Street, Suite 306, Rochester, New York 14614, is substituted as counsel to conduct the above-entitled appeal taken from an order of the Supreme Court, Monroe County, entered February 21, 2008, in place of Timothy P. Donaher, 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 Kimberly J. Czapranski, 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 13, 2009.

Entered: January 29, 2009

JOANN M. WAHL, Clerk