| PEOPLE EX REL. ANTHONY BENNETT V SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: KAH 09-00394 |
| Slip Opinion No: 2009 NY Slip Op 71044(U) |
| Decided on April 13, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
KAH 09-00394
Inmate # 84-A-5208, ORLEANS CORRECTIONAL FACILITY
Index No: 08-35412
| PEOPLE OF THE STATE OF NEW YORK EX REL. ANTHONY BENNETT,
PETITIONER-APPELLANT, V SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
An order having been entered on March 6, 2009, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning E. Robert Fussell, Esq. as counsel to perfect the appeal,
Now, upon reading and filing the statement of E. Robert Fussell, Esq., dated March 31, 2009,
It is hereby ORDERED that Greg T. Rinckey, Esq., 411 New Karner Road, Albany, New York 12205, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Supreme Court, Orleans County, entered December 23, 2008, in place of E. Robert Fussell, 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 Orleans County is directed to provide Greg T. Rinckey, 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 November 19, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).
Entered: April 13, 2009
PATRICIA L. MORGAN, Deputy Clerk