People v James File

Motion No: 111119

Slip Opinion No: 2020 NY Slip Op 76317(U)

Decided on December 17, 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: December 17, 2020
111119

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES FILE, Appellant.

DECISION AND ORDER ON MOTION

Application to change attorney and relieve assigned counsel, and continue appellant's poor person status.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted, and Linda B. Johnson, Esq., Special Appellate Counsel, c/o Hinman Howard & Kattell, LLP, 10 Airline Drive, Suite 205, Albany, NY 12205, 518-869-5552, is relieved from any further obligation to represent appellant on this appeal and that Matthew C. Hug, Esq., 21 Everett Road Extension, Albany, NY 12205, 518-283-3288, be substituted as retained counsel, and it is further

ORDERED that appellant's poor person status is continued, and it is further

ORDERED that Linda B. Johnson, Esq., shall deliver to appellant's retained counsel any and all transcripts, documents and other items in her possession relative to this appeal within in 15 days of the date of this decision, and it is further

ORDERED that if the appeal is not perfected by April 16, 2021, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Garry, P.J., Lynch, Clark and Colangelo, JJ., concur.
ENTER:

Robert D. Mayberger
Clerk of the Court