Appellate Division: Second Judicial Department

M140107

J/mv

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2010-06686 The People, etc., respondent, v William Hernandez, appellant. (Ind. No. 09-00906)

DECISION & ORDER ON MOTION

The appellant's motion for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered May 21, 2010, as a poor person, and for the assignment of counsel was granted on August 27, 2010. The following named attorney was assigned to prosecute the appeal:

Mark C. Fang, Esq.

75 South Broadway

Suite 4-54195

White Plains, New York 10601

On the Court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this 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:

Charles O. Lederman, Esq.

15 Avondale Road

White Plains, N.Y. 10605

and it is further,

ORDERED that on or before August 9, 2012, newly assigned counsel shall review the brief filed by former assigned counsel and either (1) notify the Court in writing that he adopts the brief filed by former assigned counsel, or (2) serve and file a replacement brief; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until October 15, 2012, and the respondent's brief shall be served and filed on or before that date.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

10-A-2732

Cayuga Corr Fac.

P.O. Box 1186

Moravia, NY 13118