Appellate Division: Second Judicial Department

M272372

AFA/

ALAN D. SCHEINKMAN, P.J.

SHERI S. ROMAN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-11278 People of State of New York, respondent, v Louis P. Wolbert, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the County Court, Suffolk County, dated September 10, 2019. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant's status as a poor person and the counsel assigned in the lower court continued on appeal, pursuant to Correction Law § 168-n(3), and the following named attorney was assigned:

Laurette D. Mulry

Legal Aid Society of Suffolk County

300 Center Drive, PO Box 1697

Riverhead, NY 11901-3398

Upon the papers filed in support of the motion and the papers filed 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:

Del Atwell

39 5th Street

East Hampton, NY 11937

and it is further,

ORDERED that the appellant's time to perfect the appeal is extended; assigned 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 assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

SCHEINKMAN, P.J., ROMAN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

81-A-3887

Otisville Corr. Fac.

57 Sanitorium Rd.

P.O. Box 8

Otisville, NY 10963