PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND LINDLEY, JJ.

KA 12-00445

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT V RICHARD F. MILLS, DEFENDANT-APPELLANT Indictment No: 4639

Counsel for appellant having moved to withdraw as assigned counsel on the appeal taken from an order of Genesee County Court, dated January 31, 2011 and entered February 24, 2011 and appellant having moved for reassignment of counsel for said appeal,

Now, upon reading and filing the affirmation of Charles J. Greenberg, Esq. dated February 4, 2013, the notices of motion with proof of service thereof, the statement of Charles J. Greenberg, Esq. dated February 15, 2013, the affidavit of Richard Mills sworn to February 8, 2013, and the statement of William G. Zickl, Esq. dated February 5, 2013, and due deliberation having been had thereon,

It is hereby ORDERED the motion of appellate counsel is granted, and Charles J. Greenberg, Esq. is relieved of his assignment, and

It is further ORDERED that the motion of appellant is granted and Kathleen Casey, Esq., 9240 Height Road, Barker, New York 14012, is substituted as counsel to conduct the above-entitled appeal taken from an order of Genesee County Court dated January 31, 2011 and entered February 24, 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)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of Genesee County is directed to provide Kathleen Casey, 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 said record and briefs are to be filed and served on or before May 29, 2013.

Entered: February 28, 2013

Frances E. Cafarell, Clerk