Appellate Division: Second Judicial Department

M207298

V/

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2010-07237 The People, etc., respondent, v Victor Feliz-Lopez, appellant. (Ind. No. 2263-09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, rendered June 23, 2010. By decision and order on motion of this Court dated October 7, 2011, the following named attorney was assigned to prosecute the appeal:

Keith O'Halloran, Esq.

1225 Franklin Avenue - Suite 325

Garden City, NY 11530

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

ORDERED that the motion is denied; and it is further,

ORDERED on the Court's own motion, counsel previously assigned to prosecute the appeal is relieved of the assignment 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:

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 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.

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

1729 Walton Avenue, Apt. 53B

Bronx, NY 10453