Appellate Division: Second Judicial Department

M91943

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2005-06558 The People, etc., respondent, v Derrick Tigner, appellant. (Ind. No. 04-01074)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 2, 2005, which was determined by decision and order dated May 27, 2008 (see People v Tigner, 51 AD3d 1045), for the assignment of counsel for the purpose of making an application for a certificate granting leave to appeal to the Court of Appeals from the decision and order of this court dated May 27, 2008, which is now pending before that court or any other motions. By decision and order on motion dated September 16, 2005, the following named attorney was assigned to prosecute the appeal:

Richard Birnbaum, Esq.

200 Mamaroneck Avenue

White Plains, New York 10601

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

ORDERED that the motion is granted, Richard Birnbaum is relieved as the appellant's assigned counsel and the following attorney is assigned as counsel for the defendant for the purpose of making an application for a certificate granting leave to appeal to the Court of Appeals from the decision and order of this court dated May 27, 2008, which is now pending before that court or any other motions:

Joseph M. Latino, Esq.

23B Scenic Drive

Amberlands

Croton on Hudson, New York 10520

FISHER, J.P., DILLON, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court