Appellate Division: Second Judicial Department

M181505

V/

MARK C. DILLON, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2014-00905 People of State of New York, respondent, v Gene Ruland, appellant.

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the defendant in the County Court in connection with proceedings pursuant to Corrections Law § 168-n(3) to be relieved and to assign new counsel to prosecute an appeal from an order of the County Court, Suffolk County, dated January 7, 2014. By decision and order on motion of this Court dated April 2, 2014, the appellant's motion for poor person relief was granted.

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 assigned counsel, Robert C. Mitchell, Esq., Legal Aid Society of Suffolk County - Appeals Bureau, Post Office Box 1697, Riverhead, New York 11901-3398, is relieved and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

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

Del Atwell, Esq.

39 5th Street

East Hampton, N.Y. 11937

and it is further,

ORDERED that upon service of a copy of this order 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 or considered by the trial court in connection with the appellant's risk level determination, 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 the appellant's time to perfect 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.) and written directions.

DILLON, J.P., BALKIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court