Appellate Division: Second Judicial Department

M276873

AFA/

ROBERT J. MILLER, J.P.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2018-09896 The People, etc., respondent, v Lorenzo Kelly, appellant. (Ind. No. 1561/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated July 19, 2018. Motion by Edwin I. Schulman, 123-60 83rd Avenue, Suite 2K, Kew Gardens, NY 11415, for leave to withdraw as counsel for the appellant, to continue the appellant's status as a poor person, and, in effect, for the assignment of counsel to prosecute the appeal.

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 it is further,

ORDERED that the appellant's status as a poor person is continued; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Marianne Karas

980 Broadway, Suite 324

Thornwood, NY 10594

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

MILLER, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

14-A-4265

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, NY 10562