APPELLATE DIVISION DOCKET NO. KA 08-02649
Inmate # 08-B-4003, ELMIRA CORRECTIONAL FACILITY
Indictment No. 08-01-022

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RONALD BRINK, DEFENDANT-APPELLANT.

An order having been entered on January 16, 2009, assigning James F. Miller, Esq. as counsel to perfect the appeal,

Now, upon the Court's own motion,

It is hereby ORDERED that John E. Tyo, Esq., 6 East Main Street, P.O. Box 7, Shortsville, New York 14548, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Ontario County Court, rendered December 9, 2008, in place of James F. Miller, 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 John E. Tyo, 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 27, 2009

JOANN M. WAHL, Clerk