APPELLATE DIVISION DOCKET NO. KA 07-01554
Inmate # 06-B-3234, WYOMING CORRECTIONAL FACILITY
Indictment No. 2005-0854A

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID BINION, DEFENDANT-APPELLANT.

An order having been entered on September 21, 2007, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Edward J. Nowak, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Matthew J. Clark, Esq., dated June 15, 2009,

It is hereby ORDERED that Kristin F. Splain, Esq., Monroe County Conflict Defender, 30 West Broad Street, Suite 306, Rochester, New York 14614, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Monroe County Court, rendered November 29, 2006, in place of Edward J. Nowak, 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 Monroe County is directed to provide Kristin F. Splain, 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 October 16, 2009.

Entered: June 16, 2009

PATRICIA L. MORGAN, Clerk