Appellate Division: Second Judicial Department

M148016

E/mv

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-01542 The People, etc., respondent, v Donovan Raysor, appellant. (Ind. No. 3109-08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered January 25, 2011, and for the assignment of new counsel. By decision and order on motion of this Court dated November 15, 2011, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Harry Tilis, Esq.

80 Orville Drive - Suite 100

Bohemia, N.Y. 11716

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to relieve assigned counsel and for the assignment of new counsel 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 was assigned as counsel to prosecute the appeal:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, N.Y. 10128

and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

11-A-0521

Southport Corr. Fac.

P.O. Box 2000

Pine City, N.Y. 14871