Appellate Division: Second Judicial Department

M84927

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PETER B. SKELOS, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2005-10936 The People, etc., respondent, v Andre Jenkins, appellant. (Ind. No. 215-04)

DECISION & ORDER ON MOTION

Motion by Mischel & Horn, P.C., to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 3, 2005, to strike the brief filed by assigned counsel, to continue poor person relief, and to be substituted as counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on December 20, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:

Matthew Muraskin, Esq.

1772 Jericho Turnpike East, Suite 2

Huntington, New York 11743

Upon the papers filed in support of the motion and the papers filed in relation thereto; it is

ORDERED that the motion is granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Mischel & Horn, P.C.,

One Whitehall Street - 10th Floor

New York, New York 10004

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court