PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND SCONIERS, JJ.

KA 12-02045
Indictment No. 2010-2579

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID DALE, DEFENDANT-APPELLANT.

Appellant having moved pursuant to CPLR 5711 to transfer the appeal taken from the judgment of Supreme Court, Erie County rendered October 3, 2012, and for other relief,

Now, upon reading and filing the affidavit of David Dale sworn to November 16, 2013, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to November 26, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks substitution of counsel for the purpose of oral argument, and

It is further ORDERED that the appeal shall be removed from the day calendar for December 4, 2013, and

It is further ORDERED that the motion insofar as it seeks to relieve the Legal Aid Bureau of Buffalo as counsel of record, may be renewed upon the filing and serving of a motion on or before December 20, 2013, for permission to proceed as a poor person pro se and to file and serve a new stipulated or settled record and briefs, and

It is further ORDERED that the appeal shall be added to the calendar for the term of this Court commencing on February 24, 2014, and

It is further ORDERED that the motion is otherwise denied.

Entered: December 3, 2013

Frances E. Cafarell, Clerk