Appellate Division: Second Judicial Department

M253649

T/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2013-11249 The People, etc., respondent, v Paul Rizzo, appellant. (Ind. No. 12-00371)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Rockland County, rendered October 29, 2013, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. By decision and order on motion of this Court dated February 10, 2014, the appellant was granted poor person relief and the assignment of counsel. By decision and order on motion of this Court dated September 25, 2015, the appellant's motion to relieve counsel assigned to prosecute the appeal and for leave to prosecute the appeal pro se was granted.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary in light of the decision and order on motion of this Court dated February 10, 2014; and it is further,

ORDERED that the motion is otherwise granted; and it is further,

ORDERED that the decision and order on motion of this Court dated September 25, 2015, is recalled and vacated; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Gary E. Eisenberg

10 Esquire Road, Suite 10

New City, NY 10956

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 to provide additional copies to this Court upon demand; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; 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.

BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court