Appellate Division: Second Judicial Department

M245765

E/rr

SHERI S. ROMAN, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2016-06416 The People, etc., respondent, v Joel Edouard, appellant. (Ind. No. 6315/14)

DECISION & ORDER ON MOTION

Motion by Anthony L. Ricco, the appellant's retained counsel, to be relieved on an appeal from a judgment of the Supreme Court, Kings County, rendered June 23, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and on or before February 20, 2018, Anthony L. Ricco shall serve his client and the clerk of the court from which the appeal is taken by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; the appellant 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 the appellant is advised that he has the right to the assistance of counsel and if he is financially unable to retain counsel he may make an application to this Court for

the assignment of counsel, and, upon proof of such financial inability, one will be appointed for him, and that he has the right to forego the assistance of counsel and he may make an application to this Court for leave to prosecute the appeal pro se.

ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court