THE PEOPLE V JARVIS ELDER
Motion No: KA 09-00602
Slip Opinion No: 2009 NY Slip Op 73618(U)
Decided on May 19, 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.


May 19, 2009

APPELLATE DIVISION DOCKET NO. KA 09-00602
Inmate 09-B-0562, ATTICA CORRECTIONAL FACILITY
Indictment Nos. 2007-478 and 2008-040

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JARVIS ELDER, DEFENDANT-APPELLANT.


An order having been entered on April 13, 2009, assigning David J. Farrugia, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of David J. Farrugia, Esq., dated May 15, 2009,

It is hereby ORDERED that Robert M. Pusateri, Esq., Niagara County Conflict Defender, 175 Hawley Street, Lockport, New York 14094, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Niagara County Court, rendered February 4, 2009, in place of David J. Farrugia, 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 Niagara County is directed to provide Robert M. Pusateri, 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.

Entered: May 19, 2009

PATRICIA L. MORGAN, Clerk