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

KA 05-01800
Indictment No. 04-10-130

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FELIX ORTIZ, DEFENDANT-APPELLANT.

An appeal having been taken from a judgment of the Ontario County Court, rendered June 14, 2005, and an order of this Court having been entered June 20, 2007 substituting Andrea J. Schoeneman, Esq., as counsel for defendant-appellant, and an order of this Court having been entered January 22, 2008, granting an extension of time to March 21, 2008 to perfect the appeal,

Now, upon the Court's own motion,

It is hereby ORDERED that the dismissal of the appeal for failure to timely perfect is vacated and counsel is relieved of her assignment to represent respondent-appellant; and

It is further ORDERED that Susan Gray Jones, Esq., 21 Sly Street, Canandaigua, New York 14424, is substituted as counsel to conduct the appeal, which may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten 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 Susan Gray Jones, 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 briefs are to be filed and served on or before July 1, 2009.

Entered: March 4, 2009

JOANN M. WAHL, CLERK