PEOPLE EX REL. MICHAEL ROBINSON V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 09-00208
Slip Opinion No: 2009 NY Slip Op 78075(U)
Decided on June 3, 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.


June 3, 2009

KAH 09-00208
Inmate # 05-B-1389, ATTICA CORRECTIONAL FACILITY
Index No: 2008-0644

PEOPLE OF THE STATE OF NEW YORK EX REL. MICHAEL ROBINSON, PETITIONER-APPELLANT,

V

HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.


An order having been entered on February 17, 2009, 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 Charles A. Marangola, Esq., P.O. Box 17, Moravia, New York 13118, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Supreme Court, Cayuga County, entered October 29, 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 Charles A. Marangola, 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 August 6, 2009, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: June 3, 2009

PATRICIA L. MORGAN, Clerk