| People v Andrew M. Pratt |
| Motion No: 526071 |
| Slip Opinion No: 2018 NY Slip Op 87911(U) |
| Decided on November 1, 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: November 1, 2018
526071
THE PEOPLE OF THE STATE OF NEW YORK,
Respondent, v Appellant. | DECISION AND ORDER ON MOTION |
Motion to be relieved of assignment and to assign new counsel.
Upon the papers
filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted,
and David M. Abbatoy, Esq., 45 Exchange Blvd., Suite 925, Rochester, NY 14614, 585-348-8081, is relieved
from any further obligation to represent appellant, and it is further
ORDERED that Lisa A. Burgess,
Esq., P.O. Box 440, Indian Lake, NY 12842-0440, 518-648-5603, is assigned to represent appellant upon this
appeal pursuant to County Law section 722, and it is further
ORDERED that the appeal shall be
perfected by the appendix method in accordance with section 1250.5 (c) of the Practice Rules of the Appellate
Division and, in addition to the requirements of section 1250.9 (a) (2) of the Practice Rules of the Appellate
Division, counsel is directed to file with the Clerk of this Court, with proof of service of a copy upon respondent,
one hard copy of the record on appeal, which has been stipulated to pursuant to CPLR 5532, certified pursuant to
CPLR 2105 after providing 20 days notice to respondent, or settled by the court from which the appeal is taken,
and it is further
ORDERED that pursuant to section 850.11 (a) of this Court's Rules of Practice, the
Saratoga County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic
minutes of all proceedings in this matter and one copy of any other paper or document on file in that office which
is material and relevant to this appeal, except those portions which appellate counsel or the court from which the
appeal is taken determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy
of said transcripts to the Clerk of this Court, and the transcripts shall be omitted from the hard copy and the
digital copy of the record. However, if such minutes and other papers or documents were previously provided to
David M. Abbatoy, Esq., said counsel shall forward those documents to Lisa A. Burgess, Esq., within ten (10)
days of the date of this decision, and it is further
ORDERED that if the appeal is not perfected on or
before December 31, 2018, appellate counsel shall move on notice for a further extension of time to perfect the
appeal.
Garry, P.J., Egan Jr., Mulvey and Aarons, JJ., concur.
ENTER:
Robert D.
Mayberger
Clerk of the Court