| People of State of New York v Kaiser |
| Motion No: 2017-04318 |
| Slip Opinion No: 2017 NY Slip Op 90331(U) |
| Decided on October 24, 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. |
Appellate Division: Second Judicial Department
M239365
E/ct
MARK C. DILLON, J.P.
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
ANGELA G. IANNACCI, JJ.
|
2017-04318 People of the State of New York, respondent, v John Kaiser, appellant.
| DECISION & ORDER ON MOTION nsel assigned to prosecute an appeal from an |
Motion by the appellant pro se to relieve cou order of the County Court, Suffolk County, dated March 28, 2017, and for the assignment of new counsel. By decision and order on motion of this Court dated August 7, 2017, the appellant was granted poor person and the following named attorney is assigned as counsel to prosecute the appeal:
Laurette Mulry, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
300 Center Drive
PO Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, 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:
Steven A. Feldman, Esq.
626 RXR Plaza
West Tower, 6th Floor
Uniondale, NY 11556
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 presentence 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 appellant 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 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; and it is further,
ORDERED that assigned 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.
DILLON, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court