Appellate Division: Second Judicial Department

M98881

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2009-02726 The People, etc., respondent, v Forrest Thomas, appellant. (Ind. No. 38/08)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered March 18, 2009, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on May 8, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Gary E. Eisenberg, Esq.

10 Esquire Road, Suite 10

New York, New York 10956

and it is further,

ORDERED that upon service of a copy of this order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

SKELOS, J.P., FLORIO, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court