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

DOCKET NO. CA 14-00654
(Index No. 12-39843.)

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V FRANK CONNOR, RESPONDENT-APPELLANT.

An order having been entered May 29, 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 Orleans on March 11, 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 the statement of Kathleen M. Arnold, Esq., dated June 10, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Charles J. Greenberg, Esq., 3840 East Robinson Road, #318, Amherst, New York 14228-2001, 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 Orleans is hereby directed to provide Charles J. Greenberg, 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 3, 2014

Frances E. Cafarell, Clerk