Appellate Division: Second Judicial Department

M116552

V/

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2009-04842 The People, etc., respondent, v Tyrone Haywood, appellant. (Ind. No. 08-00054)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Westchester County, rendered April 30, 2009, and substitute retained counsel, and to continue his poor person status. The appellant's motion to dispense with printing and for assignment of counsel was granted on March 8, 2010, and the following named attorney was assigned as counsel to prosecute the appeal:

Richard L. Herzfeld, Esq.

555 Fifth Avenue, 14th Floor

New York, New York, 10017

Upon the papers filed in support of the motion and the papers filed in opposition or 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:

Jonathan I. Edelstein, Esq.

271 Madison Avenue

20th Floor

New York, N.Y. 10016

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.

COVELLO, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

09-A-2545

Five Points Corr. Fac.

State Route 96

PO Box 119

Romulus, N.Y. 14541