| People v David Huyler |
| Motion No: |
| Slip Opinion No: 2016 NY Slip Op 88275(U) |
| Decided on October 12, 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: October 12, 2016
521727
THE PEOPLE OF THE STATE OF NEW YORK,
(Ind. No. 1990-175 SORA) | 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 Michelle E. Stone, Esq., P.O. Box 118, Vestal, NY 13851, 607-239-6165, is relieved from any further obligation to represent appellant, and
it is further
ORDERED that Norbert A. Higgins, Esq., 63 Front Street, Binghamton, NY 13905, 607-724-0337, is assigned to represent
appellant upon this appeal pursuant to County Law section 722, and it is further
ORDERED that the appeal shall be perfected in
accordance with articles 55, 56 and 57 of the CPLR and section 800.4 (c) 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 office of the Chemung County Court Clerk shall furnish to appellate
counsel one copy of the transcripts of the stenographic minutes of all proceedings in the matter, and one copy of any other paper or document on
file in that office which is material and relevant to the appeal, except those portions which appellate counsel or the court which made the order
being appealed 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 Michelle E. Stone, Esq., said counsel shall
forward those documents to Norbert A. Higgins, Esq., within ten (10) days of the date of this decision, and it is further
ORDERED that
if the appeal is not perfected by December 12, 2016, appellate counsel shall move on notice for a further extension of time to perfect the
appeal.
Peters, P.J., McCarthy, Egan Jr. and Clark, JJ., concur.
ENTER:
Robert D.
Mayberger
Clerk of the Court