Appellate Division: Second Judicial Department

M235872

V/

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2014-10638 People of State of New York, respondent, v Ezikiel Ross, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an order of the Supreme Court, Kings County, dated October 31, 2014, and for assignment of new counsel. By decision and order on motion of this Court dated January 14, 2015, the appellant's motion for poor person relief was continued and the following named attorney was assigned to prosecute the appeal:

Seymour W. James, Jr., Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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

ORDERED that the motion is granted, and assigned counsel is relieved 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 appeal:

Martin Goldberg, Esq.

672 Dogwood Avenue, #183

Franklin Square, New York 11010

and it is further,

ORDERED that upon service of a copy of this order 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 or considered by the trial court in connection with the appellant's risk level determination, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

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

BALKIN, J.P., SGROI, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court