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

DOCKET NO. CA 10-02493
(INDEX NO. 2008-543960)

THE PEOPLE OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT, V DERRICK HARLAND, RESPONDENT-APPELLANT.

Appellant's counsel having moved for reassignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 29, 2010,

Now, upon reading and filing the affirmation of Alan Birnholz, Esq., received June 7, 2011, the notice of motion with proof of service thereof, and the statement of Darrick Harland dated June 22, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and Charles J. Greenberg, Esq., PO Box 102, Buffalo, New York 14207, is substituted as counsel to conduct the above-entitled appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 29, 2010, and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of Erie County is directed to provide Charles J. Greenberg, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that said record and briefs are to be filed and served on or before September 18, 2011, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).

Entered: July 20, 2011

Patricia L. Morgan, Clerk