Appellate Division: Second Judicial Department

M140098

J/mv

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2006-09312 The People, etc., respondent, v Rafael Lopez, appellant. (Ind. No. 05-00890)

DECISION & ORDER ON MOTION

The appellant's motion for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered September 12, 2006, as a poor person, and for the assignment of counsel was granted on November 20, 2006. The following named attorney was assigned to prosecute the appeal:

Mark C. Fang, Esq.

4-3 Woods Brook Lane

Yorktown Heights, New York 10598

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:

Gerald Zuckerman, Esq.

175 Main Street

Ossining, N.Y. 10562

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, (2) serve and file a supplemental brief, or (3) 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 file 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:

06 A 5155

Downstate Corr. Fac.

P.O. Box F - Red Schoolhouse Road

Fishkill, New York 12524-0445