Appellate Division: Second Judicial Department

M105640

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-09201 The People, etc., respondent, DE v James McKean, appellant. (Ind. No. 08-1069)

CISION & ORDER ON MOTION Court's Motion to Relieve Counsel And to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Westchester County, rendered May 29, 2009, was granted on June 30, 2010. The following named attorney was assigned to prosecute the appeal:

Richard Birnbaum, Esq.

200 Mamaroneck Avenue, Suite 504

White Plains, New York 10601

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Thomas T. Keating, Esq.

6 Chester Avenue

White Plains, New York 10601

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