Appellate Division: Second Judicial Department

M155990

V/

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2012-07628, 2012-09881 The People, etc., respondent, v Andrew Zeigler, appellant. (Ind. No. 3209-10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from a judgment of the County Court, Suffolk County, rendered July 17, 2012, and a resentence of the same court imposed September 25, 2012, and for the assignment of new counsel. By decision and order on motion dated October 11, 2012, and January 16, 2013, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeals:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion 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 is assigned as counsel to prosecute the appeals:

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 appellant's sentencing and resentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals are taken.

SKELOS, J.P., BALKIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-A-3272

Mohawk Corr. Fac.

6100 School Road

P.O. Box 8451

Rome, N.Y. 13442