Appellate Division: Second Judicial DepartmentM278630

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CHERYL E. CHAMBERS, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI, JJ.

2018-04785 The People, etc., respondent, v Ronald Greenland, appellant. (Ind. No. 2016-01284)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 4, 2021, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal from a judgment of the Supreme Court, Westchester County, rendered February 27, 2018. Motion by appellant pro se to relieve assigned counsel and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted, and on April 21, 2021, the following named attorney was assigned as counsel to prosecute the appeal:

Andrew W. Sayegh

615 Yonkers Ave.

Yonkers, NY 10704

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:

Valerie Livingston

1133 Westchester Ave., Suite N-202

White Plains, New York 10604

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 presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in 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 shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

CHAMBERS, J.P., BARROS, BRATHWAITE NELSON and GENOVESI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-0969

Attica Corr. Fac.

P.O. Box 149

Attica, NY 14011-0149