People v Spencer Durham



People v Spencer Durham
Motion No: 103845
Slip Opinion No: 2011 NY Slip Op 72026(U)
Decided on May 5, 2011
Appellate Division, Third 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.



Decided and Entered: May 5, 2011
103845


THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

v
SPENCER DURHAM,
(Ind. No. I-014- 2010)

Appellant.




DECISION AND ORDER

ON MOTION


Motion by assigned counsel to be relieved from the obligation to further represent appellant herein and for assignment of new counsel.

Upon the papers filed in support of said motion, and no papers having been filed in opposition thereto, it is

ORDERED that Simon Pedrotty, Esq., P.O. Box 419, Saratoga Springs, NY 12866, (518) 598-9270, is relieved from any further obligation to represent appellant, and it is further

ORDERED that Linda B. Johnson, Esq., P.O. Box 379, West Sand Lake, NY 12196, (518) 506-0906, is assigned in the place and stead of said former counsel pursuant to County Law §722, and shall perfect the appeal in accordance with section 800.14 of the Rules of Practice (22NYCR 800.14), it is further

ORDERED that pursuant to section 800.4 (c) of said Rules the Washington County Court Clerk is directed to furnish appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter, and one copy of any other paper or document on file in that office which is material and relevant to this appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court, provided that if such minutes and other papers and documents have already been provided to said former assigned appellate counsel, such counsel forward same to said Linda B. Johnson, Esq., within 10 days from the date hereof.

Counsel's time to perfect this appeal is extended to 60 days from the date of this order. In the event the such is not perfected by then, within 10 days thereafter, counsel shall move on notice for a further extension of time.
PETERS, J.P., SPAIN, ROSE, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court