Appellate Division: Second Judicial Department

M101086

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-11569 The People, etc., appellant, v Mario Ventura, respondent. (Ind. No. 951/09)

DECISION & ORDER ON MOTION

Motion by Michael D. Siff, Esq., to withdraw as counsel for the respondent on an appeal from an order of the Supreme Court, Queens County, dated September 18, 2009, for poor person relief for the respondent, and for the assignment of new counsel to defend the appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, Michael D. Siff, Esq., is relieved from representing the respondent with respect to the instant appeal, and he 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 to respond to the appeal from said order:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the respondent is directed to serve one copy of his brief and to file nine copies thereof; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 12, 2010.

MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043