PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 02-00941
Indictment No: 01-020A

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, V NICHOLAS J. OSMAN, DEFENDANT-APPELLANT.

Appellant having moved for the substitution of counsel on an appeal taken from a judgment of Chautauqua County Court, rendered December 3, 2001, and for other relief,

Now, upon reading and filing the affirmation of Thomas Theophilos, Esq. dated January 4, 2016, the notice of motion with proof of due service thereof, the affidavit of Nicholas Osman sworn to December 24, 2015, the substitution of counsel signed by Nicholas Osman on December 9, 2015, signed by Thomas P. Theophilos, Esq. on December 9, 2015, and signed by Estelle Jana Roond, Esq. on December 14, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the order of this Court entered July 12, 2010 is vacated, and defendant may proceed on appeal as a poor person with Thomas Theophilos, Esq. as counsel, and

It is further ORDERED that the Clerk of the County of Chautauqua is hereby directed to provide Thomas Theophilos, Esq. with copies of all papers and stenographic transcripts, digitally recorded or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the motion is otherwise denied.

Entered: March 1, 2016

Frances E. Cafarell, Clerk