PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.

KA 11-00147
Indictment No: I09-277

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LEPOLIA J. SPENCER, DEFENDANT-APPELLANT.

Counsel for appellant having moved to be relieved of her assignment to represent appellant on the appeal taken from a judgment of Oneida County Court, rendered January 21, 2010,

Now upon reading and filing the affirmation of Mary R. Humphrey, Esq. dated November 21, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Mary R. Humphrey, Esq. is relieved of her assignment, and

It is further ORDERED that appellant's brief is deemed withdrawn, and

It is further ORDERED that the Clerk shall remit to the Oneida County Clerk's Office the papers constituting the record on appeal and shall remit to the parties any and all briefs submitted to this Court, and

It is further ORDERED that the appeal is removed from the day calendar for January 16, 2013, and

It is further ORDERED that Peter J. DiGiorgio, Jr., Esq., 2103 Genesee Street, Utica, New York 13501, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Oneida County Court, rendered January 21, 2010, in place of Mary R. Humphrey, Esq., and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of Oneida County is directed to provide Peter J. DiGiorgio, Jr., Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that said record and briefs are to be filed and served on or before April 10, 2013.

Entered: December 10, 2012

Frances E. Cafarell, Clerk