Appellate Division: Second Judicial Department

M114968

V/

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2010-03544 DECISION & ORDER ON MOTION The People, etc., respondent, v Persi Esquivel, appellant. (Ind. No. 548/09)

Appeal by Persi Esquivel from a judgment of the County Court, Nassau County, rendered October 29, 2009. By decision and order on motion dated June 29, 2010, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, was granted and the following named attorney was assigned as counsel to prosecute the appeal:

Judah Maltz, Esq.

125-10 Queens Blvd, Suite 12

Kew Gardens, New York 11415

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 the respective briefs filed by assigned counsel on behalf of the appellant and by the respondent are hereby stricken; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, New York 10128

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; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the Court from which the appeal is taken.

PRUDENTI, P.J., RIVERA, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

10-A-0562

Gowanda Corr. Fac.

P.O. Box 311

Gowanda, N.Y. 14070-0311