DOCKET NO. KA 08-01665
Inmate # 08-A-3095, SING SING CORRECTIONAL FACILITY
Indictment No. I08-007

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V VICTOR PETT, DEFENDANT-APPELLANT.

An order having been entered on August 20, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Dennis Claus, Esq. as counsel to perfect the appeal, and an order having been entered March 20, 2009, relieving counsel of his assignment,

Now upon the Court's own motion,

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 Herkimer County Court, rendered June 4, 2008, in place of Dennis Claus, 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 Herkimer 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, and

It is further ORDERED that said briefs are to be filed and served on or before August 6, 2009.

Entered April 6, 2009

PATRICIA L. MORGAN, Deputy Clerk