People v Ismael Ayala

Motion No: 110346

Slip Opinion No: 2020 NY Slip Op 67069(U)

Decided on June 5, 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: June 5, 2020

110346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ISMAEL AYALA, (DA 128-16 & DA688-15) 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 Stephen W. Herrick, Albany County Public Defender, 60 South Pearl Street, 4th Floor, Albany NY, 12207, 518-447-7150, is relieved from any further obligation to represent appellant, and it is further

ORDERED that Mark Diamond, Esq., 911 Central Avenue, #120, Albany, NY 12206, 917-660-8758, 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 Albany 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 Stephen W. Herrick, Esq., said counsel shall forward those documents to Mark Diamond, 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 October 5, 2020, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Garry, P.J., Clark, Mulvey and Devine, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court