Appellate Division: Second Judicial Department

M126557

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2011-02760 The People, etc., respondent, v Harpal Hira, appellant. (Ind. No. 1702/09)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from an appeal from a judgment of the Supreme Court, Nassau County, rendered February 18, 2011, and substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on May 4, 2011, and the following named attorney was assigned as counsel to prosecute the appeal:

John F. McGlynn, Esq.

265 Sunrise Highway, Suite 1

PMB #370

Rockville Centre, N.Y. 11570

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 following attorney is substituted as retained counsel:

Matthew C. Hug

105 Jordan Road

Troy, New York 12180

and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion dated May 4, 2011, as granted poor person relief to the appellant is recalled and vacated, and assigned counsel is directed to turn over all papers in the action, including any transcripts, to the Clerk of the Court; 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; and it is further,

ORDERED that retained 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., BALKIN, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court