Appellate Division: Second Judicial Department

M116948

V/

RUTH C. BALKIN, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2008-06829 The People, etc., respondent, v Clifton Seymore, appellant. (Ind. No. 2037-07)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Suffolk County, rendered July 2, 2008, and substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on January 29, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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:

Devitt Spellman Barrett, LLP

50 Route 111

Smithtown, N.Y. 11787

and it is further,

ORDERED that on the Court's own motion, the poor person relief granted to the appellant by the decision and order on motion of this Court dated January 29, 2009, is 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.

BALKIN, J.P., ENG, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

08-A-3802

Downstate Corr. Fac.

Box F, Red Schoolhouse Rd

Fishkill, New York 12524-0445