| People v Wagstaffe, Everton |
| Motion No: 2005-03244 |
| Slip Opinion No: 2010 NY Slip Op 91631(U) |
| Decided on December 22, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M111751
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2005-03244 The People, etc., respondent, v Everton Wagstaffe, appellant. (Ind. No. 1545/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant to relieve assigned counsel on an appeal from an order of the Supreme Court, Kings County, entered March 3, 2005, and substitute retained counsel, and, in effect, to hold the appeal in abeyance pending determination of the appellant's motion pursuant to CPL 440 by the Supreme Court, Kings County. The appellant's motion to dispense with printing and for assignment of counsel was granted on August 8, 2005, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to relieve assigned counsel and substitute retained counsel is granted; and the following named attorneys are substituted as retained co-counsel:
Myron Beldock, Esq.
99 Park Avenue - Suite 1600
New York, New York 10016
Irving Cohen, Esq.
233 Broadway - Suite 2701
New York, New York 10279
and it is further,
ORDERED that so much of the decision and order on motion dated August 8, 2005, as granted poor person relief to the appellant is vacated, and former assigned counsel is directed to turn over all papers in the action to the Clerk of the Court; and it is further,
ORDERED that the branch of the motion which is, in effect, to hold the appeal in abeyance pending determination of the appellant's motion pursuant to CPL 440 by the Supreme Court, Kings County, is denied; 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.
RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court