Appellate Division: Second Judicial Department

M279708

AFA/

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

JOSEPH A. ZAYAS, JJ.

2003-01806 The People, etc., respondent, v William Nealy, appellant. (Ind. No. 973/2001)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Nassau County, rendered February 11, 2003, which was determined by decision and order of this Court dated August 1, 2006. By decision and order on motion of this Court dated July 16, 2021, the appellant's application for a writ of error coram nobis to vacate the decision and order of this Court dated August 1, 2006, on the ground of ineffective assistance of appellate counsel, was held in abeyance, the appellant was granted leave to serve and file a brief on the issue of whether the sentence imposed was excessive, and the following named attorney was assigned as counsel to prosecute the application: Kenneth M. Tuccillo, 591 Warburton Ave., #576, Hastings-on-Hudson, NY 10706. Motion by the appellant's assigned counsel to be relieved of the assignment and for the assignment of new counsel. Application by the appellant to extend the time to serve and file his brief.

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

ORDERED that the motion is granted, and Kenneth M. Tuccillo is relieved of the assignment and is directed to turn over all papers in the action to the 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 application:

Judah Maltz

125-10 Queens Blvd., Ste. 12

Kew Gardens, NY 11415

and it is further,

ORDERED that the application is granted, the appellant's time to serve and file his brief is extended, and on or before December 6, 2021, the appellant shall serve the appellant's brief and upload digital copies of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the County Court, Nassau County.

AUSTIN, J.P., DUFFY, BARROS and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court