People v Molina, Edward
Motion No: 2013-06164
Slip Opinion No: 2016 NY Slip Op 73729(U)
Decided on May 17, 2016
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

M211594

V/

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2013-06164

The People, etc., respondent,

v Edward Molina, appellant.

(Ind. No. 12-00674)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Westchester County, rendered May 16, 2013, to substitute retained counsel, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on July 27, 2015, and the following named attorney was assigned as counsel to prosecute the appeal:

John R. Lewis, Esq.

36 Hemlock Drive

Sleepy Hollow, NY 10591

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 granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Thomas Theophilos, Esq.

1201 Colvin Boulevard, Suite 1

Buffalo, NY 14223

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.

CHAMBERS, J.P., HALL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

13-A-2351

Franklin Corr. Fac.

62 Bare Hill Road, P.O. Box 10

Malone, NY 12953