IN THE MATTER OF THE STATE OF NEW YORK V MICHAEL PIERCE, AN INMATE IN THE CUSTODY OF NEW YORK STATE DEPARTMENT OF
Motion No: CA 09-00466
Slip Opinion No: 2009 NYSlipOp 69164(U)
Decided on April 7, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


April 7, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-00466
INDEX NO. CA2008-0000348

IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT,

V

MICHAEL PIERCE, AN INMATE IN THE CUSTODY OF NEW YORK STATE

DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLANT.


An order having been entered March 30, 2009, granting appellant permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Lewis on January 14, 2009, sealing the record, and assigning William G. Pixley, Esq. as counsel to conduct the appeal,

Now, upon reading and filing the statement of William G. Pixley, Esq., dated April 1, 2009,

It is hereby ORDERED that Bridget Field, Esq., P.O. Box 512, Batavia, New York 14021-0512, is substituted as counsel to conduct the above-entitled appeal taken from an order of the Supreme Court, Lewis County, entered in the Office of the Clerk of the County of Lewis on January 14, 2009, in place of William G. Pixley, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (2) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Lewis County is directed to provide Bridget Field, 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: April 7, 2009

Patricia L. Morgan, Deputy Clerk