| People v John H. Newman Jr |
| Motion No: |
| Slip Opinion No: 2011 NY Slip Op 64424(U) |
| Decided on February 15, 2011 |
| Appellate Division, Third 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. |
Decided and Entered:February 15, 2011103273
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v
Appellant. | DECISION AND
ORDER |
Application by assigned counsel to be relieved from the obligation to further represent appellant herein and for assignment
of new counsel.
Upon the papers filed in support of said application, and no papers having been filed in opposition thereto, it is
ORDERED that Norbert A. Higgins, Esq., 64 Front Street, Binghamton, NY 13905, (607) 724-0337, is relieved from any further obligation
to represent appellant, and it is further
ORDERED that Francisco P. Berry, Esq., 123 Cayuga Street, Suite 407, Ithaca, NY 14850, (607)
277-2744, is assigned in the place and stead of said former counsel pursuant to County Law §722, and shall perfect the appeal in accordance
with section 800.14 of the Rules of Practice (22NYCRR 800.14), and it is further
ORDERED that pursuant to section 800.4 (c) of said Rules
the Broome County Court Clerk is directed to furnish appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings
in this matter, and one copy of any other paper or document on file in that office which is material and relevant to this appeal, and to forward forthwith
the other copy of said transcripts to the Clerk of this Court, provided that if such minutes and other papers and documents have already been provided
to said former assigned appellate counsel, such counsel shall forward same to said Francisco P. Berry, Esq., within 10 days from the date
hereof.
Counsel's time to perfect this appeal is extended to 60 days from the date of this order. In the event the such is not perfected by then,
within 10 days thereafter, counsel shall move on notice for a further extension of time.
MERCURE, J.P., PETERS, STEIN,
McCARTHY and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court