People v Melendez, Ruark
Motion No: 2015-03898
Slip Opinion No: 2017 NY Slip Op 60555(U)
Decided on January 9, 2017
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

M224165

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-03898, 2015-03901

The People, etc., respondent,

v Ruark Melendez, appellant.

(Ind. Nos. 293/14, 3166/12)

DECISION & ORDER ON MOTION

The appellant's motion to dispense with printing and for assignment of counsel on appeals from two judgments of the Supreme Court, Queens County, both rendered April 30, 2015, was granted by decision and order on motion of this Court dated November 28, 2016. The following named attorney was assigned to prosecute the appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

On the Court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeals 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 appeals:

Seymour W. James, Jr., Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 to provide additional copies to this Court upon demand; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

15-A-2216

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562-5442