People v Daniel Malak



People v Daniel Malak
Motion No: 104140
Slip Opinion No: 2011 NY Slip Op 79506(U)
Decided on July 27, 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: July 27, 2011
104140


THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

v
DANIEL MALAK,
(Ind. No. 09- 95)

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 Andrew Kossover, Esq., Ulster County Public Defender, P.O. Box 1800, Kingston, NY 12402, (845) 340-3232, is relieved from any further obligation to represent appellant, and it is further

ORDERED that Theresa M. Suozzi, Esq., 480 Broadway, Suite 318, Saratoga Springs, NY 12866, (518) 581-3166, 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 Ulster County 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 shall forward same to said Theresa M. Suozzi, 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.
MERCURE, J.P., ROSE, MALONE JR., STEIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court