People v Almond A. Upton Iii

Motion No:

Slip Opinion No: 2018 NY Slip Op 75136(U)

Decided on June 8, 2018

Appellate Division, Third 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.

Decided and Entered: June 8, 2018

109221

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ALMOND A. UPTON III, (Ind. No. 2014-438) Appellant.

DECISION AND ORDER ON MOTION

Application to change attorney and relieve assigned counsel, and continue appellant's poor person status.

Upon the papers filed in support of the application, the papers filed in response thereto, it is

ORDERED that the application is granted, and Mark Diamond, Esq., 911 Central Avenue, #120, Albany, NY 12206, 917-660-6758, is relieved from any further obligation to represent appellant on this appeal and that, Norman Pattis, Esq., pro hac vice, c/o Pattis & Smith, 383 Orange Street, 1st Floor New Haven, NY 06511, 203-393-3017, be substituted as retained counsel, and it is further

ORDERED that appellant's poor person status is continued, and it is further

ORDERED that Mark A. Diamond, Esq., shall deliver to appellant's retained counsel any and all transcripts, documents and other items in his/her possession relative to this appeal within in 15 days of the date of this decision, and it is further

ORDERED that if the appeal is not perfected by August 7, 2018, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Garry, P.J., Egan Jr., Rumsey and Pritzker, JJ., concur.
ENTER:

Robert D. Mayberger
Clerk of the Court