Appellate Division: Second Judicial Department

M255493

E/sl

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-10810 The People, etc., respondent, v Leroy Dorsey, appellant. (Ind. No. 3461/96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated July 31, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated July 26, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order dated July 31, 2017, as denied relief pursuant to CPL 440.10 and 440.20, the motion was held in abeyance in the interim, and the following named attorney was assigned as counsel to respond to the order to show cause:

The Legal Aid Society

199 Water Street

New York, New York 10038

Application by counsel assigned to respond to the order to show cause to be relieved and for the assignment of new counsel.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and former assigned counsel is directed to turn over all papers in the above-entitled 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:

Paul Skip Laisure

Appellate Advocates

111 John Street, 9th Floor

New York, New York 10038

and it is further,

ORDERED that the appellant's time to respond to the order to show cause dated July 26, 2018, by filing an affirmation or an affidavit as to whether an order should or should not be made and entered dismissing the appeal from so much of the order dated July 31, 2017, as denied relief pursuant to CPL 440.10 and 440.20 on the ground that the portion of the order that denied that relief is not appealable as of right, and leave to appeal has not been granted (see CPL 450.10; 450.15), in the office of the Clerk of this Court, is extended until October 19, 2018; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that the appellant's motion is continued to be held in abeyance in the interim; 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.

LEVENTHAL, J.P., AUSTIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court