Appellate Division: Second Judicial Department

M274549

AFA/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-15167 The People, etc., respondent, v Richard Lydon, appellant. (Ind. No. 1956/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered November 26, 2018. By decision and order on motion of this Court dated May 6, 2019, the appellant was granted poor person relief and by decision and order on motion of this Court dated October 29, 2019, the following named attorney was assigned to prosecute the appeal:

Thomas E. Scott

48 Richmond Avenue

Amityville, NY 11701-4205

On the Court's own motion, it is

ORDERED that previously assigned counsel is relieved of the assignment and 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 to prosecute the appeal:

Del Atwell

39 5th Street

East Hampton, NY 11937

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 pre-sentence 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 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 is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court