Appellate Division: Second Judicial Department

M109144

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-01250 The People, etc., respondent, v Silvia Araujo, appellant. (Ind. No. 3049-08)

DECISION & ORDER ON MOTION

Motion by Michael D. Elbert, Esq., to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 5, 2010, and substitute him as assigned counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on May 17, 2010, and the following named attorney was assigned as counsel to prosecute the appeal:

Alan Polsky, Esq.

P.O. Box 170

Bohemia, New York 11716

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 the former 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 as counsel to prosecute the appeal:

Michael D. Elbert, Esq.

221 Mineola Boulevard

Mineola, New York 11501

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 presentence 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., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court