APPELLATE DIVISION DOCKET NO. KA 08-02676
Inmate # 07-B-2490, FRANKLIN CORRECTIONAL FACILITY
Indictment No. I07-077

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SHAWN A. KELLY, DEFENDANT-APPELLANT.

An order having been entered on January 20, 2009, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Frank J. Nebush, Jr., Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Esther Cohen Lee, Esq., dated March 5, 2009,

It is hereby ORDERED that Peter J. DiGiorgio, Jr., Esq., 2103 Genesee Street, Utica, New York 13501, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Oneida County Court, rendered July 27, 2007, in place of Frank J. Nebush, Jr., 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 Oneida County is directed to provide Peter J. DiGiorgio, Jr., 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: March 16, 2009

JOANN M. WAHL, Clerk