APPELLATE DIVISION DOCKET NO. KA 09-00601
INDICTMENT NO. 1628-2005

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LEE O. MAY, DEFENDANT-APPELLANT.

An order having been entered on April 13, 2009, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning David C. Schopp, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Barbara J. Davies, Esq. dated May 29, 2009,

It is hereby ORDERED that Gail R. Breen, Esq., 43 Court Street, Suite 930, Buffalo, New York 14202, is substituted as counsel to conduct the above-entitled appeal taken from an order of the Supreme Court, Erie County, entered February 23, 2009, in place of David C. Schopp, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and 10 copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Erie County is directed to provide Gail R. Breen, 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 December 2, 2009.

Entered: June 10, 2009

PATRICIA L. MORGAN, Clerk