PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

KA 09-02089
Indictment No. 2009-0120

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EDWIN L. MULLIGAN, DEFENDANT-APPELLANT.

Counsel for appellant having moved for permission to withdraw as retained counsel on an appeal taken from a judgment of the Monroe County Court, rendered September 4, 2009, and for other relief,

Now, upon reading and filing the affirmation of Brian Shiffrin, Esq. dated May 9, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Brian Shiffrin is hereby relieved of his representation of appellant relative to said appeal, and

It is further ORDERED that the order entered April 11, 2011 is vacated, and

It is further ORDERED that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

TIMOTHY P. DONAHER, ESQ.

MONROE COUNTY PUBLIC DEFENDER

10 N. FITZHUGH STREET

ROCHESTER, NY 14614

is hereby assigned as counsel to conduct the appeal, and

It is further ORDERED that the Clerk of Monroe County is hereby directed to provide TIMOTHY P. DONAHER, ESQ. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that said record and brief are to be filed and served on or before October 24, 2011.

Entered: June 27, 2011

Patricia L. Morgan, Clerk