Appellate Division: Second Judicial Department

M109135

E/ct

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2009-10687 The People, etc., respondent, v Erik Alke, appellant. (Ind. No. 1910/08)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered November 9, 2009, and substitute retained counsel, and to continue the appellant's poor person status. The appellant's motion to dispense with printing and for assignment of counsel was granted on March 23, 2010, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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

ORDERED that the motion is granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Bernard V. Kleinman, Esq.

2 Gannett Drive - Suite 1418

White Plains, New York 10604

and it is further,

ORDERED that the appellant's poor person status is continued; 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.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court