APPELLATE DIVISION DOCKET NO. KA 08-02635
Inmate # 01-B-0452, AUBURN CORRECTIONAL FACILITY
Indictment No. 00-04-102B

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BYRON K. RUSS, DEFENDANT-APPELLANT.

An order having been entered on January 21, 2009, assigning John E. Tyo, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of John E. Tyo, Esq., dated February 11, 2009,

It is hereby ORDERED that Robert Tucker, Esq., 158 Gibson Street, Canandaigua, New York 14424, is substituted as counsel to conduct the above-entitled appeal taken from a resentence of the Ontario County Court, rendered November 13, 2008, in place of John E. Tyo, 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 Ontario County is directed to provide Robert Tucker, 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: February 24, 2009

JOANN M. WAHL, Clerk