People v Zarro, Francis A., Jr.
Motion No: 2004-07982
Slip Opinion No: 2009 NY Slip Op 91940(U)
Decided on December 18, 2009
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M96208

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2004-07982

The People, etc., respondent,

v Francis A. Zarro, Jr., appellant.

(Ind. No. 23/03)

DECISION & ORDER ON MOTION

Motion by appellant for leave to reargue an appeal from a judgment of the County Court, Dutchess County, rendered November 18, 2004, which was determined by decision and order dated October 27, 2009. Separate motion by the appellant to relieve assigned counsel and substitute retained counsel for purposes of making an application for leave to appeal to the Court of Appeals.

Upon the papers filed in support of the motions, the papers filed in opposition to the motion for leave to reargue, and the papers filed in relation to the motion to relieve assigned counsel and substitute retained counsel, it is

ORDERED that the motion for leave to reargue is denied; and it is further,

ORDERED that the motion to relieve assigned counsel and substitute retained counsel is granted, and Carol Kahn, Esq., 225 Broadway - Suite 1510, New York, N.Y. 10007, is relieved and the following named attorney is substituted as retained counsel for purposes of making an application for leave to appeal to the Court of Appeals:

Wayne P. Smith, Esq.

157 Barrett Street,

Schenectady, New York 12305

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

ENTER:

James Edward Pelzer

Clerk of the Court