People v Gary Bateman

Motion No: 104219

Slip Opinion No: 2013 NY Slip Op 94826(U)

Decided on December 18, 2013

Appellate Division, Third Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Decided and Entered: December 18, 2013104219

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v GARY BATEMAN, Appellant.

DECISION AND ORDER ON MOTION

Motion to be relieved of assignment and to assign new counsel.

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

ORDERED that the motion is granted, and James P. Ferrari, Esq., P.O. Box 1047, Cooperstown, New York 13327, (607) 547-1865, is relieved from any further obligation to represent appellant, and it is further

ORDERED that Abbie Goldbas, Esq., 185 Genesee Street, Utica, NY 13501, (315) 404-8344, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and the appeal shall be perfected in accordance with section 800.14 of this Court's Rules of Practice, and it is further

ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the Broome County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter and one copy of any other paper or document on file in that office which is material and relevant to this appeal, except those portions which appellate counsel or the criminal court determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court. However, if such minutes and other papers or documents were previously provided to James P. Ferrari, Esq., said counsel shall forward those documents to Abbie Goldbas, Esq., within ten (10) days of the date of this decision, and it is further

ORDERED that if the appeal is not perfected within 60 days of the date of this decision, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Peters, P.J., Rose, McCarthy and Garry, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court