People v Deng Mathayo

Motion No: 107029

Slip Opinion No: 2016 NY Slip Op 64136(U)

Decided on February 8, 2016

Appellate Division, Third 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.

Decided and Entered: February 8, 2016107029

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v DENG MATHAYO, Appellant.

DECISION AND ORDER ON MOTION

Motion to be relieved of assignment and to assign new counsel.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted, and David Perino, Esq., P.O. Box 7118, Albany, NY 12224, 518-455-7543, is relieved from any further obligation to represent appellant, and it is further

ORDERED that Craig S. Leeds, Esq., 1971 Western Avenue, #1166, Albany, NY 12203, 518-464-5055, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and the appeal shall be perfected in accordance with section 800.14 of this Court's Rules of Practice, and it is further

ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the Albany County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter and one copy of any other paper or document on file in that office which is material and relevant to this appeal, except those portions which appellate counsel or the criminal court determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court. However, if such minutes and other papers or documents were previously provided to David Perino, Esq., said counsel shall forward those documents to Craig S. Leeds, Esq., within ten (10) days of the date of this decision, and it is further

ORDERED that if the appeal is not perfected within 60 days of the date of this decision, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Peters, P.J., Garry, Rose and Devine, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court