APPELLATE DIVISION DOCKET NO. KA 08-00856
Inmate # 08-B-1024, CLINTON CORRECTIONAL FACILITY
INDICTMENT NO. 2007-3047

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARLIN KEMP, DEFENDANT-APPELLANT.

An order having been entered on June 18, 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 January 20, 2009,

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 March 28, 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 May 29, 2009

Entered: January 29, 2009

JOANN M. WAHL, Clerk