PRESENT: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.

DOCKET NO. KA 07-01855
INMATE No. 07-B-2961, GREAT MEADOW CORRECTIONAL FACILITY
Indictment No. 02368-2006

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICHARD M. SEMRAU, DEFENDANT-APPELLANT.

Appellant having moved for reassignment of counsel on the appeal taken from a judgment of the Erie County Court, rendered September 4, 2007, and for other relief,

Now, upon reading and filing the statement of Richard M. Semrau, dated April 1, 2009, the notice of motion with proof of service thereof, the affirmation of Kevin J. Bauer, Esq., dated April 16, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted to the extent that Kevin J. Bauer, Esq. is relieved of his assignment to represent appellant; and

It is further ORDERED that said appeal is removed from the day calendar for May 12, 2009; and

It is further ORDERED that

CHARLES J. GREENBERG, ESQ.

P.O. BOX 102

BUFFALO, NEW YORK 14207-0102

is substituted as counsel to prosecute the above-entitled appeal from a judgment of the Erie County Court, rendered September 4, 2007, in place of Kevin J. Bauer, 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 the County of Erie is directed to provide Charles J. Greenberg, 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 the appellant perfect the appeal on or before August 28, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order; and

It is further ORDERED that the motion is otherwise denied.

Entered: April 30, 2009

Patricia L. Morgan, Clerk