Appellate Division: Second Judicial Department

M149085

E/mv

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-02257 The People, etc., respondent, v John Fakhoury, appellant. (Ind. No. 201/11)

DECISION & ORDER ON MOTION

Appeal by John Fakhoury from a judgment of the County Court, Dutchess County, rendered February 16, 2012. The appellant's motion for leave to prosecute the appeal as a poor person was granted on April 27, 2012, and the following named attorney was assigned to prosecute the appeal:

David Gandin, Esq.

c/o Jacobowitz & Gubits, LLP

158 Orange Avenue

P.O. Box 367

Walden, N.Y. 12586

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 new counsel to prosecute the appeal:

Jeanette Madera, Esq.

P.O. Box 1203

Poughkeepsie, N.Y. 12602

845-471-5053

and it is further,

ORDERED that on or before February 4, 2013, assigned counsel must review the brief filed by former assigned counsel and notify the Court, in writing, whether she (1) will adopt the brief filed by former assigned counsel, (2) will adopt the brief filed by former assigned counsel and will be filing a supplemental brief, or (3) will not adopt the brief filed by former assigned counsel and will be filing a replacement brief.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court