Appellate Division: Second Judicial Department

M92733

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-05712 The People, etc., respondent, v Shawn Gadsden, appellant. (Ind. No. 7221/06)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 2008, to substitute retained counsel, and to strike the brief filed by assigned counsel The appellant's motion to dispense with printing and for assignment of counsel was granted on November 21, 2008, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and the following retained counsel is substituted for assigned counsel for the appellant:

Franzblau Dratch, P.C.

233 Broadway - Suite 2701

New York, New York 10279

and it is further,

ORDERED that so much of the decision and order on motion of this court dated November 21, 2008, as granted that branch of the appellant's motion which was for poor person relief is recalled and vacated, and that branch of the motion is denied, and former assigned counsel is directed to turn over all papers in the action to the Clerk of this court; and it is further,

ORDERED that the brief filed on September 11, 2009, by former assigned counsel is stricken; the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

FISHER, J.P., ANGIOLILLO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court