| THE PEOPLE EX REL. ANDREW MCDANIELS, - V MICHAEL CORCORAN, SUPERINTENDENT, CAYUGA CORRECTIONAL FACILITY; BRIAN FISHER |
| Motion No: KAH 08-02009 |
| Slip Opinion No: 2009 NY Slip Op 73624(U) |
| Decided on May 21, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. KAH 08-02009
Inmate # 01-B-1580, CAYUGA CORRECTIONAL FACILITY
Index No. 2008-0325
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANDREW MCDANIELS, PETITIONER-
APPELLANT, V MICHAEL CORCORAN, SUPERINTENDENT, CAYUGA CORRECTIONAL FACILITY; BRIAN FISHER, COMMISSIONER, NEW YORK STATE
DEPARTMENT OF CORRECTIONAL SERVICES; JOSEPH FAZZARY, SCHUYLER COUNTY DISTRICT ATTORNEY; AND GEORGE B. ALEXANDER, CHAIRMAN, NEW YORK STATE
DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS. |
Appellant having moved for reassignment of counsel on the appeal taken from a judgment of the Supreme Court, Cayuga County, entered July 29, 2008, and for other relief,
Now, upon reading and filing the affidavit of Andrew McDaniels, sworn to March 12, 2009, the notice of motion with proof of service thereof, the affirmation of Sheila E. Shea, Esq., dated April 7, 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 Michael G. Conroy, Esq. is relieved of his assignment to represent appellant, and
It is further ORDERED that
SHEILA E. SHEA, DIRECTOR
MENTAL HYGIENE LEGAL SERVICE
SUPREME COURT, APPELLATE DIVISION
THIRD JUDICIAL DEPARTMENT
40 STEUBEN STREET, SUITE 501
ALBANY, NEW YORK 12207-2109
is substituted as counsel to prosecute the above-entitled appeal from a judgment of the Supreme Court, Cayuga County, entered July 29, 2008, in place of Michael G. Conroy, 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 Cayuga is directed to provide Sheila E. Shea, 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 14, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: May 21, 2009
Patricia L. Morgan, Clerk