People v McCord, Anthony
Motion No: 2012-05739
Slip Opinion No: 2014 NY Slip Op 68449(U)
Decided on April 3, 2014
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M172191

V/

RANDALL T. ENG, P.J.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2012-05739

The People, etc., respondent,

v Anthony McCord, appellant.

(Ind. No. 2787/10)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel and substitute retained counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered May 24, 2012, and to continue poor person relief. The appellant's motion to dispense with printing and for assignment of counsel was granted on September 27, 2012, 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:

Alan S. Lewis

Carter Ledyard & Milburn LLP

2 Wall Street

New York, N.Y. 10005

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 decision and order on motion upon the clerk of the court from which the appeal is taken.

ENG, P.J., MILLER, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-A-2688

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, N.Y. 10562