Appellate Division: Second Judicial Department

M253208

E/sl

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2014-04076 The People, etc., respondent, v Carl L. Clark, Jr., appellant. (Ind. No. 44/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the County Court, Dutchess County, rendered March 26, 2014, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for leave to prosecute the appeal as a poor person, and for the assignment of counsel. By order to show cause dated April 17, 2018, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal had been abandoned, the appellant's motion was held in abeyance pending determination of the motion to dismiss the appeal, and the following named attorney was assigned as counsel to respond to the order to show cause:

Thomas N. N. Angell

Public Defender

22 Market Street

Poughkeepsie, NY 12601

Separate motion by Thomas N. N. Angell to be relieved of the assignment and to extend the time to respond to the order to show cause.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by the appellant pro se and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Thomas N. N. Angell and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by Thomas N. N. Angell is granted and former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause:

Yasmin Daley Duncan

386 Parkside Avenue

Brooklyn, NY 11226

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 the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report; and it is further,

ORDERED that in the event that assigned counsel cites or relies upon the probation report in papers filed in response to the order to show cause, counsel shall provide a complete copy of such report and any attachments to this Court and the respondent prior to the filing of such papers; 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; and it is further,

ORDERED that the time to respond to the order to show cause is extended until September 24, 2018, and the appellant pro se's motion and the order to show cause shall be held in abeyance in the interim.

MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court