Appellate Division: Second Judicial Department

M121591

S/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2010-05074 The People, etc., respondent, v Jalal A. Chavies, appellant. (Ind. No. 5/10)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Dutchess County, rendered May 7, 2010. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on August 4, 2010, and the following named attorney was assigned as counsel to prosecute the appeal: David Goodman, Esq., Public Defender, 22 Market Street, Poughkeepsie, New York 12601. By decision and order on motion dated February 8, 2011, the motion of David Goodman, Esq., Public Defender, to be relieved as attorney for the appellant was granted and the following attorney was assigned to prosecute the appeal: Terry D. Horner, Esq., 329 Main Street, Poughkeepsie, New York 12601. On March 25, 2011, Thomas N. N. Angell, Public Defender, perfected the appeal and the People filed a respondent's brief on May 12, 2011.

Now, on the Court's own motion, it is

ORDERED that the briefs of the appellant and the respondent are stricken on the ground that the Public Defender had been relieved from representing the appellant; and it is further,

ORDERED that the time of Terry D. Horner, Esq., to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

MASTRO, J.P., FLORIO, LEVENTHAL, BELEN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court