Appellate Division: Second Judicial Department

M117541

V/

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2009-11201 The People, etc., respondent, v John Leath, appellant. (Ind. No. 11427/08)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered October 28, 2009, 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 February 19, 2010, 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 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:

Robert DiDio, Esq.

80-02 Kew Gardens Road

Suite 1030

Kew Gardens, N.Y. 11415

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.

SKELOS, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

10-A-1110

Shawangunk Corr. Fac.

P.O. Box 700

Wallkill, N.Y. 12589