Appellate Division: Second Judicial Department

M156624

V/

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2013-00398 The People, etc., appellant, v Ronald Nichols, respondent. (Ind No. 6933/11)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated March 27, 2013, as dismissed an appeal from an order of the Supreme Court, Kings County, dated November 30, 2012, and to reinstate the appeal. Separate motion by Alan I. Stutman to be relieved as counsel for the respondent and for the assignment of new counsel.

Upon the papers filed in support of the motions, no papers having been filed in opposition or in relation to the appellant's motion, and the papers filed in relation to the respondent's motion, it is

ORDERED that the appellant's motion is granted, so much of the decision and order on motion of this Court dated March 27, 2013, as dismissed the appeal is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing its brief on the appeal is enlarged until June 20, 2013; and it is further,

ORDERED that the motion to relieve respondent's counsel is granted, former counsel is directed to turn over all papers in the action to new counsel herein assigned, and pursuant to County Law § 722 the following attorney is assigned to respond to the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the respondent is directed to serve one copy of his brief and to file nine copies thereof.

RIVERA, J.P., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court