PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KAH 16-01802
Index No: I-2016-000091

THE PEOPLE OF THE STATE OF NEW YORK EX REL., ALEX NANCE, PETITIONER-APPELLANT, V DALE ARTUS, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

Counsel for appellant having moved to withdraw as assigned counsel on the appeal taken from an order of the Supreme Court, Erie County, entered July 13, 2016,

Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated June 29, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Timothy P. Murphy, Esq. is relieved of his assignment, and

It is further ORDERED that Kathryn B. Friedman, Esq., P.O. Box 200, Buffalo, New York 14213, is substituted as counsel to conduct the above-entitled appeal taken from the order of the Supreme Court, Erie County, entered July 13, 2016, in place of Timothy P. Murphy, Esq., and the appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (2) and ten copies of appellant's briefs reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of Erie County is directed to provide Kathryn B. Friedman, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that the ordering paragraph of the order of this Court entered May 22, 2017 is hereby amended by striking therefrom the date July 21, 2017 and inserting in place thereof the date October 17, 2017.

Entered: July 19, 2017

Frances E. Cafarell, Clerk