Appellate Division: Second Judicial Department

M105501

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2008-11106 The People, etc., respondent, v Dwayne Fields, appellant. (Ind. No. 07-01378)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered October 29, 2008, and substitute retained counsel. Cross motion by the respondent to vacate a decision and order on motion dated March 10, 2009, which granted the appellant's motion for poor person relief and for the assignment of counsel. In the order dated March 10, 2009, the following named attorney was assigned as counsel to prosecute the appeal:

Randall Richards, Esq.

1428 Midland Avenue - Suite 6

Bronxville, New York 10708-6042

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

ORDERED that the appellant's motion is granted, and the following attorney is substituted as retained counsel:

Diane E. Selker, Esq.

701 Nelson Avenue

Peekskill, New York 10566

and it is further,

ORDERED that assigned counsel is directed to turn over all papers in the action, including any transcripts, 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 the respondent's cross motion is granted to the extent that so much of the decision and order on motion of this court dated March 10, 2009, as granted the appellant free transcripts is recalled and vacated, and that branch of the appellant's prior motion is denied, and the cross motion is otherwise denied.

SKELOS, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court