Appellate Division: Second Judicial Department

M97520

J/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2008-00974 The People, etc., respondent, v Anthony Marcus, appellant. (Ind. No. 3428/06)

DECISION & ORDER ON MOTION

Motion by Bassett & Bassett, P.C., to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered December 19, 2007, and to be substituted as retained counsel, and to enlarge the time to perfect the appeal. The appellant's motion to dispense with printing and for assignment of counsel was granted on May 1, 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:

Kerry Bassett, Esq.

Bassett & Bassett, P.C.

320 Carleton Avenue - Suite 4200

Central Islip, New York 11722

and it is further,

ORDERED that so much of the decision and order on motion of this court dated May 1, 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 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.

DILLON, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

07 A 7130

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, New York 12582-4000