Appellate Division: Second Judicial Department

M198033

V/

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2013-04473 People of State of New York, respondent, v Jaime Katz, appellant.

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an order of the Supreme Court, Rockland County, dated April 2, 2013, and for assignment of new counsel. By decision and order on motion of this Court dated December 9, 2013, the appellant's motion for poor person relief was continued and the following named attorney was assigned to prosecute the appeal:

James Licata

Office of the Public Defender

11 New Hempstead Road

New City, New York 10956-3664

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 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:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, N.Y. 10128

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.

MASTRO, J.P., HALL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court