Appellate Division: Second Judicial Department

M104339

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2008-11381 The People, etc., respondent, v Elleggua O. Elufe, appellant. (Ind. No. 8639/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 14, 2008, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on February 26, 2009, and the following named attorney was assigned to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 1006

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Steven Banks, Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 pre-sentence 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.

MASTRO, J.P., COVELLO, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

08-A-5787

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562