THE PEOPLE V EDWARD J. WALLEY
Motion No: KA 08-02468
Slip Opinion No: 2009 NY Slip Op 78130(U)
Decided on June 25, 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 25, 2009

APPELLATE DIVISION DOCKET NO. KA 08-02468
Inmate # 08-B-2691, ATTICA CORRECTIONAL FACILITY
Indictment No. I08-207

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

EDWARD J. WALLEY, DEFENDANT-APPELLANT.


An order having been entered on December 15, 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 May 20, 2009,

It is hereby ORDERED that Abbie Goldbas, 285 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 August 15, 2008, 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 Abbie Goldbas, 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 appellant perfect the appeal on or before October 26, 2009.

Entered: June 25, 2009

PATRICIA L. MORGAN, Clerk