Appellate Division: Second Judicial Department

M122499

V/

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-09464 People of State of New York, respondent, v George Golliver, appellant.

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the County Court, Suffolk County, dated September 7, 2010, and for the assignment of new counsel. The separate motions of the appellant pro se and of the appellant's assigned counsel for leave to prosecute the appeal as a poor person and for assignment of counsel were granted on December 10, 2010, 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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Del Atwell, Esq.

P.O. Box 2516

Montauk, N.Y. 11954

and it is further,

ORDERED that upon service of a copy of this order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with or considered by the trial court in connection with the appellant's risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's time 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; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that the filing fee is waived (see CPLR 1102[d]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SKELOS, J.P., ENG, AUSTIN and SGROI, 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