Appellate Division: Second Judicial Department

M124701

V/

MARK C. DILLON, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2009-05742 The People, etc., respondent, v Alfonso Austin, appellant. (Ind. No. 1354/07)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered June 4, 2009, to substitute retained counsel, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on December 21, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 said assigned counsel is directed to turn over all papers in the action to retained counsel:

Christopher Renfroe, Esq.

118-35 Queens Boulevard, 14th Floor

Forest Hills, N.Y. 11375

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's address:

09-A-2706

Eastern N.Y. Corr. Fac.

30 Institution Road

P.O. Box 338

Napanoch, N.Y. 12458