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

DOCKET NO. KA 08-01065
Indictment No. 98-0207, Index No. 98-3568

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRED VANGORDER, DEFENDANT-APPELLANT.

Appellant having moved for reassignment of counsel on the appeal from an order of the Monroe County Court, entered April 10, 2008,

Now, upon reading and filing the affidavit of Fred E. VanGorder, sworn to December 29, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted to the extent that Timothy P. Donaher, Esq. is relieved of his assignment to represent appellant, and

It is further ORDERED that

KIMBERLY J. CZAPRANSKI, ESQ.

ACTING MONROE COUNTY CONFLICT DEFENDER

30 WEST BROAD STREET, STE. 306

ROCHESTER, NEW YORK 14614

is substituted as counsel to prosecute the above-entitled appeal from the order of the Monroe County Court entered April 10, 2008, in place of Timothy P. Donaher, Esq., and said appeal 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 the County of Monroe is directed to provide Kimberly J. Czapranski, 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 appellant perfect the appeal on or before June 25, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 4, 2009

JoAnn M. Wahl, Clerk