APPELLATE DIVISION DOCKET NO. KA 08-01501
Inmate # 08-B-1784, LIVINGSTON CORRECTIONAL FACILITY

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANTONIO NUNES, DEFENDANT-APPELLANT. SCI No. 29649

An order having been entered on August 19, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning David C. Schopp, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Barbara J. Davies, Esq. dated March 11, 2009,

It is hereby ORDERED that Frank T. Housh, Esq., 343 Elmwood Avenue, P.O. Box 5204, Buffalo, New York 14213-5204, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Erie County Court, rendered May 28, 2008, in place of David C. Schopp, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of Erie County is directed to provide Frank T. Housh, 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 record and briefs are to be filed and served on or before July 27, 2009.

Entered: March 26, 2009

JOANN M. WAHL, Clerk