Appellate Division: Second Judicial Department

M111374

T/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

SHERI S. ROMAN, JJ.

2009-10612 The People, etc., respondent, v Anthony Ceparano, appellant. (Ind. No. 2661-07)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on motion dated November 16, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Susan M. Karalus, Esq., to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 16, 2009, to be substituted as 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 February 5, 2010, and the following named attorney was assigned as counsel to prosecute the appeal:

Joseph R. Faraguna, Esq.

P.O. Box 122

Sag Harbor, New York 11963

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

Susan M. Karalus, Esq.

206 Culpepper Road

Williamsville, New York 14221

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.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court