Appellate Division: Second Judicial Department

M232350

E/ct

RANDALL T. ENG, P.J.

MARK C. DILLON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2014-03292 The People, etc., respondent, v Michael Shepard, appellant. (Ind. No. 5273/12)

DECISION & ORDER ON MOTION

Motion by the appellant to substitute retained counsel for assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered March 10, 2014, and to hold the appeal in abeyance to allow retained counsel to determine whether to serve and file a supplemental brief or a replacement brief. By decision and order on motion of this Court dated January 5, 2015, the appellant was granted poor person relief and the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the following named counsel is substituted as retained counsel for the appellant:

Law Office of Douglas G. Rankin, P.C.

26 Court Street, Suite 714

Brooklyn, NY 11242

and it is further,

ORDERED that so much of the decision and order on motion of this Court dated January 5, 2015, as granted poor person relief to the appellant is recalled and vacated, and former assigned counsel is directed to turn over all papers in the action to the Clerk of this Court; and it is further,

ORDERED that retained counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that on or before July 24, 2017, retained counsel shall advise this Court, in writing, that retained counsel adopts the brief filed by former assigned counsel or shall move for leave to serve and file a supplemental or replacement brief.

ENG, P.J., DILLON, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court