Appellate Division: Second Judicial Department

M145547

E/sl

RANDALL T. ENG, P.J.

PETER B. SKELOS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-04587 The People, etc., respondent, v Gregory Tucker, appellant. (Ind. No. 8288/07)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 30, 2010, to substitute retained counsel, and to enlarge the time to serve and file a brief. The appellant's motion to dispense with printing and for assignment of counsel was granted on July 28, 2010, 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 the following attorney is substituted as retained counsel:

Stephen N. Preziosi, Esq.

570 Seventh Avenue, Sixth Floor

New York, N.Y. 10018

and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated July 28, 2010, as granted that branch of the appellant's motion which was for poor person relief is recalled and vacated and that branch of the motion is denied; and it is further,

ORDERED that assigned counsel is directed to turn over all papers in the action, including any transcripts, to the Clerk of this 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.

ENG, P.J., SKELOS, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court