Appellate Division: Second Judicial Department

M142034

E/mv

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-11919 The People, etc., respondent, v Juan Rodriguez, appellant. (Ind. No. 10-00028)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from a judgment of the County Court, Westchester County, rendered October 18, 2010, to be relieved as counsel and for the assignment of new counsel. By decision and order on motion of this Court dated July 7, 2011, the appellant was granted leave to prosecute the appeal as a poor person and the following named attorney is assigned as counsel to prosecute the appeal:

John P. Devaney, Esq.

c/o Pappalardo & Pappalardo

700 Post Road, Suite 355

Scarsdale, N.Y. 10583

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the 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:

Steven A. Feldman, Esq.

626 RXR Plaza

West Tower, 6th Floor

Uniondale, N.Y. 11556

and it is further,

ORDERED that on or before October 15, 2012, new counsel must either notify the Court in writing that he/she is adopting the brief filed by former counsel, file a new brief, or file a supplemental brief.

FLORIO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

10-A-5038

Five Points Corr. Fac.

State Route 96, P.O. Box 119

Romulus, N.Y. 14541