Appellate Division: Second Judicial Department

M257389

SL/

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2017-01545 The People, etc., respondent, v Antonio Himonitis, appellant. (Ind. No. 5007/15)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 28, 2016, and for the assignment of new counsel. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on August 18, 2017, and the following named attorney was assigned as counsel to prosecute the appeal:

Laurette D. Mulry

Legal Aid Society of Suffolk County - Appeals Bureau

300 Center Drive

PO Box 1697

Riverhead, New York 11901-3398

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the 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 prosecute the appeal:

Steven A. Feldman

626 RXR Plaza

West Tower, 6th Floor

Uniondale, NY 11556

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 defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,

ORDERED that the appellant's brief is stricken and new assigned counsel shall serve and file a replacement brief on or before January 15, 2019; 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 application is granted, the respondent's time to serve and file a brief is extended until February 14, 2019, and the respondent's brief shall be served and filed on or before that date.

MASTRO, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

16-A-1923

Southport Corr. Fac.

P.O. Box 2000

Pine City, NY 14871-2000