Appellate Division: Second Judicial Department

M181252

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-08246 The People, etc., respondent, v John Rizzo, appellant. (Ind. No. 30/12)

DECISION & ORDER ON MOTION

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Dutchess County, rendered August 12, 2013, was granted on December 16, 2013. The following named attorney was assigned to prosecute the appeal:

Michael G. Paul, Esq.

49 Maple Avenue

New City, N.Y. 10956

Now, on the Court's own motion, it is

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Salvatore C. Adamo, Esq.

350 Fifth Avenue, 59th Floor

New York, NY 10118

and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that on or before November 17, 2014, assigned counsel must advise the Court, in writing, whether (1) he adopts the brief filed by former assigned counsel, (2) he adopts the brief filed by former assigned counsel and will file a supplemental brief, or (3) he will file a replacement brief; and it is further,

ORDERED that the appellant's time to prefect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) written directions.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

13-A-3639

Downstate Corr. Fac.

P.O. Box F

Fishkill, N.Y. 12524