KA 08-01383
Inmate # 08-B-1805, MID-STATE CORRECTIONAL FACILITY.
Indictment No: 2007-047

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL G. MILCZAKOWSKYJ, DEFENDANT-APPELLANT.

An order having been entered on July 29, 2008, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Robert P. Bahr, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Robert P. Bahr, Esq., dated May 26, 2009,

It is hereby ORDERED that David P. Elkovitch, Esq., 199 Genesee Street, Auburn, New York 13021, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Cayuga County Court, rendered June 3, 2008, in place of Robert P. Bahr, 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 Cayuga County is directed to provide David P. Elkovitch, 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 29, 2009

PATRICIA L. MORGAN, Clerk