People v Herrera, Luis A.
Motion No: 2014-02563
Slip Opinion No: 2014 NY Slip Op 94160(U)
Decided on December 29, 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

M184994

V/

PETER B. SKELOS, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2014-02563

The People, etc., respondent,

v Luis A. Herrera, appellant.

(Ind. No. 13-00227)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel and substitute retained counsel on an appeal from a judgment of the County Court, Orange County, rendered December 11, 2013, and to continue poor person relief. The appellant's motion to dispense with printing and for assignment of counsel was granted on June 20, 2014, and the following named attorney was assigned as counsel to prosecute the appeal:

Bernard D. Brady, Esq.

75 Main Street

P.O. Box 639

Goshen, New York 10924

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 is directed to turn over all papers in the action to retained counsel:

John R. Lewis, Esq.

36 Hemlock Drive

Sleepy Hollow, N.Y. 10591

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.

SKELOS, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

13-A-5633

Coxsackie Corr. Fac.

P.O. Box 999

Coxsackie, NY 12051-0999