People v Miller, Jamar
Motion No: 2010-06088
Slip Opinion No: 2011 NY Slip Op 68029(U)
Decided on March 24, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M117534

V/

JOSEPH COVELLO, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-06088

The People, etc., respondent,

v Jamar Miller, appellant.

(Ind. No. 121/03)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel and substitute retained counsel on an appeal from an order of the Supreme Court, Kings County, dated June 10, 2010, issued pursuant to CPL 440.46. The appellant's motion to dispense with printing and for assignment of counsel was granted on October 7, 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 the following attorney is substituted as retained counsel:

Jillian S. Harrington, Esq.

P.O. Box 6006

Monroe Twp., New Jersey 08831

and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated October 7, 2010, as granted that branch of the appellant's motion which was for leave to prosecute the appeal as a poor person is recalled and vacated; and it is further,

ORDERED that assigned counsel is directed to turn over all papers in the action, including any transcripts, to the Clerk of this Court; 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., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043