Appellate Division: Second Judicial Department

M109213

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2006-00678 The People, etc., respondent, v Tarik Philips, appellant. (Ind. No. 3421/03)

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 January 3, 2006, and for the assignment of new counsel. The appellant's motion was granted poor person relief on May 2, 2006, and on November 17, 2006, the following named attorney was assigned to prosecute the appeal:

Estelle Roond, Esq.

141-34 81st Avenue

Briarwood, New York 11435

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street, 10th Floor

New York, New York 10006

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.

DILLON, J.P., FLORIO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

06-A-0363

Shawangunk Corr. Fac.

P.O. Box 700

Wallkill, New York 12589