Appellate Division: Second Judicial Department

M277145

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-10126 People of State of New York, respondent, v Peter Carman, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the County Court, Suffolk County, dated July 26, 2018, which was determined by decision and order of this Court dated May 5, 2021. Motion by the appellant's assigned counsel to be relieved, in effect, to assign new counsel to take whatever action counsel deems appropriate with respect to the decision and order dated May 5, 2021, and to extend the time to make a motion for leave to appeal to the Court of Appeals from the decision and order dated May 5, 2021.

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 former assigned counsel, Laurette D. Mulry, Legal Aid Society Suffolk County, 300 Center Drive, P.O. Box 1697, Riverhead, NY 11901, is directed to turn over all papers in this matter 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 take whatever action counsel deems appropriate with respect to the decision and order dated May 5, 2021, including, if counsel deems appropriate, a motion for leave to appeal to the Court of Appeals from the decision and order dated May 5, 2021:

Richard L. Herzfeld

112 Madison Ave., 8th Fl.

New York, NY 10016

and it is further,

ORDERED that the appellant's time to make a motion for leave to appeal to the Court of Appeals from the decision and order dated May 5, 2021, is extended until July 16, 2021 (see CPLR 5514[b]); and it is further,

ORDERED that new assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the County Court, Suffolk County.

DILLON, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court