| People v Isiah Waters |
| Motion No: 102756 |
| Slip Opinion No: 2010 NY Slip Op 68612(U) |
| Decided on April 12, 2010 |
| Appellate Division, Third 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. |
Decided and Entered: April 12, 2010
102756
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v Appellant. | DECISION AND ORDER ON
MOTION |
Motion by assigned counsel to be relieved from the obligation to further represent appellant
herein and for assignment of new counsel.
Upon the papers filed in support of said motion, and no papers having been filed in
opposition thereto, it is
ORDERED that Rebekah Nellis Kennedy, Esq., 16 Sage Estate, Menands, New York 12204, (518) 434-9807,
is relieved from any further obligation to represent appellant, and it is further
ORDERED that Susan Lyn Preston, Esq., P.O. Box 55,
Westerlo, NY 12193, (518) 421-2158, is assigned in the place and stead of said former counsel pursuant to County Law §722, and shall
perfect the appeal in accordance with section 800.14 of the Rules of Practice (22NYCR 800.14), it is further
ORDERED that pursuant
to section 800.4 (c) of said Rules the Schenectady County Court Clerk is directed to furnish appellate counsel one copy of the transcripts
of the stenographic minutes of all proceedings in this matter, and one copy of any other paper or document on file in that office which is material
and relevant to this appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court, provided that if such minutes
and other papers and documents have already been provided to said former assigned appellate counsel, such counsel forward same to said Susan
Lyn Preston, Esq., within 10 days from the date hereof.
Counsel's time to perfect this appeal is extended to 45 days after the minutes
and documents related hereto are filed in the office of the Schenectady County Court Clerk or after such minutes and documents are
delivered by said former assigned appellate counsel. In the event the minutes are not filed within 60 days from the date of this decision, within
10 days thereafter, counsel shall move on notice for a further extension of time.
MERCURE, J.P., PETERS, ROSE,
LAHTINEN and MALONE JR., JJ., concur.
ENTER:
Michael J. Novack
Clerk of the
Court