Appellate Division: Second Judicial Department

M157489

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2008-09292 The People, etc., respondent, v Kashif McDonald, appellant. (Ind. No. 1788/06)

DECISION & ORDER ON MOTION

Motion by the appellant to substitute retained counsel for assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered September 9, 2008, as amended September 11, 2008, and to continue poor person relief. By decision and order on motion of the Court dated December 8, 2011, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 said assigned counsel is directed to turn over all papers in the action to retained counsel:

Robert Didio, Esq.

80-02 Kew Gardens Road, Suite 307

Kew Gardens, New York 11415

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing retained counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that retained counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

RIVERA, J.P., SKELOS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court