Appellate Division: Second Judicial Department

M110233

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-00432 The People, etc., respondent, v Brandon L. Elmendorf, appellant. (S.C.I. No. 110/03)

DECISION & ORDER ON MOTION

Appeal by Brandon L. Elmendorf from a resentence of the County Court, Dutchess County, imposed December 22, 2008. By decision and order on motion of this Court dated April 21, 2009, the appellant's motion for poor person relief and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

Now, 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:

Michael Paul, Esq.

49 Maple Avenue

New City, New York 10956

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 resentencing, 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.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

78 North Clinton St. - Apt. 3

Poughkeepsie, New York 12601