| People v Isiah Gilbert |
| Motion No: 108121 |
| Slip Opinion No: 2016 NY Slip Op 84413(U) |
| Decided on August 24, 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: August 24, 2016108121
THE PEOPLE OF THE STATE OF NEW YORK,
Respondent, v 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 Terence L.
Kindlon, Esq., Albany County Public Defender, 60 South Pearl St., 4th Floor, Albany NY 12207, 518-447-7150, is relieved from any further obligation to
represent appellant, and it is further
ORDERED that G. Scott Walling, Esq., 29 Jay Street - #850, Schenectady, NY 12305, 518-745-4257, 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 Terence L. Kindlon, Esq., said counsel shall forward those documents
to G. Scott Walling, Esq., within ten (10) days of the date of this decision, and it is further
ORDERED that if the appeal is not perfected by October
24, 2016, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Peters, P.J., McCarthy, Rose and Devine,
concur.
ENTER:
Robert D. Mayberger
Clerk of the Court