Appellate Division: Second Judicial Department

M264309

E/mm

JOHN M. LEVENTHAL, J.P.

JOSEPH J. MALTESE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-09845 The People, etc., respondent, v Fred Richardson, appellant. (Ind. No. 6675/16)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered June 28, 2018, to reinstate his status as a poor person. The appellant's motion for poor person relief and for assignment of counsel was granted on November 26, 2018. By decision and order on motion of this Court dated February 28, 2019, assigned counsel was relieved, so much of the decision and order on motion of this Court dated November 26, 2018, as granted poor person relief to the appellant was recalled and vacated, that branch of the appellant's prior motion was denied, and the following named attorney was substituted as retained counsel:

Lawrence E. Wright

32 Court Street, Suite 707

Brooklyn, NY 11201

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 so much of the decision and order on motion of this Court dated February 28, 2019, as recalled and vacated so much of the decision and order on motion of this Court dated November 26, 2018, as granted poor person relief to the appellant is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended; retained counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that retained 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., MALTESE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court