THE PEOPLE V DAVID F. TUSZYNSKI
Motion No: KA 08-00340
Slip Opinion No: 2009 NY Slip Op 71059(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.


April 13, 2009

DOCKET NO. KA 08-00340
Inmate # 08-B-0403, WENDE CORRECTIONAL FACILITY
INDICTMENT NO. 07-04-047

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DAVID F. TUSZYNSKI, DEFENDANT-APPELLANT.


An appeal having been taken from a judgment of the Ontario County Court, rendered January 28, 2008, and an order having been entered March 14, 2008, assigning John E. Tyo, Esq. to conduct the appeal and permitting appellant to appeal as a poor person,

Now, upon reading and filing the Consent to Change Attorney of David F. Tuszynski, sworn to March 26, 2009, and Matthew C. Hug, Esq. and John E. Tyo, Esq., dated March 26, 2009,

It is hereby ORDERED that the order entered March 14, 2008, assigning John E. Tyo, Esq. to conduct the appeal and permitting appellant to appeal as a poor person be, and the same hereby is, vacated.

Entered: April 13, 2009

PATRICIA L. MORGAN, Deputy Clerk