| People v James Starnes |
| Motion No: 109472 |
| Slip Opinion No: 2020 NY Slip Op 61107(U) |
| Decided on January 16, 2020 |
| 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: January 16, 2020
109472
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 Lucas G. Mihuta, Esq., Kenwood
Office Park, 270 Mount Hope Drive, Albany, NY 12202, 518-465-1451, is relieved from any further obligation
to represent appellant, and it is further
ORDERED that Paul J. Connolly, Esq., 125 Adams Street,
Delmar, NY 12202, 518-439-7633, 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 section 850.7 of this
Court's Rules of Practice, and it is further
ORDERED that pursuant to section 850.11 (a) of this Court's
Rules of Practice, the Broome 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 Lucas G. Mihuta, Esq., said counsel shall forward those documents to Paul J. Connolly,
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 April 16, 2020, appellate counsel shall move on notice for a further extension of time to
perfect the appeal.
Garry, P.J., Egan Jr., Devine and Pritzker, JJ., concur.
ENTER:
Robert D.
Mayberger
Clerk of the Court