PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-00556

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V NUSHAWN WILLIAMS ALSO KNOWN AS SHYTEEK JOHNSON, RESPONDENT-APPELLANT.

An order having been entered May 30, 2014, granting assignment of Emmett J. Creahan, Director of Mental Hygiene Legal Service, as counsel to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on March 3, 2014, and Mental Hygiene Legal Service having moved to withdraw as counsel and having moved for the assignment of counsel other than Mental Hygiene Legal Service on the appeal,

Now, upon reading and filing the affirmation of Lisa L. Paine, Esq., dated June 6, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Mark C. Davison, Esq., 61 N. Main Street, Suite C, P.O. Box 652, Canandaigua, New York 14424, is substituted and assigned as counsel to appellant for the purpose of conducting this appeal, and this appeal may be prosecuted upon one stipulated or settled record as defined by 22 NYCRR 1000.3 (c) (2) and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of the County of Chautauqua is hereby directed to provide Mark C. Davison, Esq., with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal.

Entered: July 1, 2014

Frances E. Cafarell, Clerk