People v Joel Hernandez



People v Joel Hernandez
Motion No: 102369
Slip Opinion No: 2009 NY Slip Op 81725(U)
Decided on August 25, 2009
Appellate Division, Third 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.



Decided and Entered: August 25, 2009
102369


THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

v
JOEL HERNANDEZ,
(A-807- 23)

Appellant.




DECISION AND ORDER

ON MOTION



Motion by assigned counsel to be relieved from the obligation to further represent appellant herein and for assignment of new counsel.

Upon the papers filed in support of said motion, and no papers having been filed in opposition thereto, it is

ORDERED that Stephen L. Rockmacher, 740 Union Street, Schenectady, NY 12305-1505, (518) 393-7280, is relieved from any further obligation to represent appellant, and it is further

ORDERED that Patricia A. DeAngelis, Esq., 159 Delaware Avenue, #228, Delmar, NY, 12054, (518) 436-4661, is assigned in the place and stead of said former counsel pursuant to County Law §722, and shall perfect the appeal in accordance with section 800.14 of the Rules of Practice (22NYCR 800.14), it is further

ORDERED that pursuant to section 800.4 (c) of said Rules the Schenectady County Court Clerk is directed to furnish appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter, and one copy of any other paper or document on file in that office which is material and relevant to this appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court, provided that if such minutes and other papers and documents have already been provided to said former assigned appellate counsel, such counsel forward same to said Patricia A. DeAngelis, Esq., within 10 days from the date hereof.

Counsel's time to perfect this appeal is extended to 45 days after the minutes and documents related hereto are filed in the office of the Schenectady County Court Clerk or after such minutes and documents are delivered by said former assigned appellate counsel. In the event the minutes are not filed within 60 days from the date of this decision, within 10 days thereafter, counsel shall move on notice for a further extension of time.
CARDONA, P.J., MERCURE, PETERS, LAHTINEN and KANE, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court