APPELLATE DIVISION DOCKET NO. KA 08-01923
Inmate # 07-B-3859, MOHAWK CORRECTIONAL FACILITY
Indictment No. I07-335

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CHRISTOPHER E. FULLER, DEFENDANT-APPELLANT.

An order having been entered on September 30, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Frank J. Nebush, Jr., Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Ray A. Kyles, Esq., dated April 30, 2009,

It is hereby ORDERED that Peter J. DiGiorgio, Jr., Esq., 2103 Genesee Street, Utica, New York 13501, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Oneida County Court, rendered November 30, 2007, in place of Frank J. Nebush, Jr., 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 Oneida County is directed to provide Peter J. DiGiorgio, Jr., 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 September 28, 2009.

Entered: May 28, 2009

PATRICIA L. MORGAN, Clerk