PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND MARTOCHE, JJ.

KAH 11-01845

THE PEOPLE OF THE STATE OF NEW YORK EX REL. RICHARD MILLS, PETITIONER-APPELLANT, V JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY; ERIC SCHNEIDERMAN, ATTORNEY GENERAL; AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS. Index No: 45342

Counsel for appellant having moved to withdraw as assigned counsel on the appeal taken from a judgment of the Supreme Court, Seneca County entered July 25, 2011,

Now, upon reading and filing the affirmation of Charles J. Greenberg, Esq. dated February 4, 2013, the notice of motion with proof of service thereof, the statement of Charles J. Greenberg, Esq. dated February 15, 2013, and the statement of Richard Mills dated February 8, 2013, and due deliberation having been had thereon,

It is hereby ORDERED the motion is granted, and Charles J. Greenberg, Esq. is relieved of his 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It is further ORDERED that appellant's brief is deemed withdrawn, and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 Seneca 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 February 20, 2013, and

It is further ORDERED that Linda M. Campbell, Esq., 333 East Onondaga Street, Suite 301, Syracuse, New York 13202, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Supreme Court, Seneca County, entered July 25, 2011, in place of Charles J. Greenberg Esq., and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(2) and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of Seneca County is directed to provide Linda M. Campbell, 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 the appeal shall be perfected on or before May 20, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 19, 2013

Frances E. Cafarell, Clerk