Appellate Division: Second Judicial Department

M102584

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2009-00869 The People, etc., respondent, v Abner Alvarez, appellant. (Ind. No. 08-00034)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered December 16, 2008, and substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on August 11, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:

Thomas T. Keating, Esq.

6 Chester Avenue

White Plains, New York 10601

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:

Jane M. Bloom, Esq.

95 Glen Wild Road, P.O. Box 818

Rock Hill, New York 12775

and it is further,

ORDERED that so much of the decision and order on motion of this court dated August 11, 2009, 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; and it is further,

ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court