Supreme Court of the State of New York, Appellate Division : Fourth Judicial Department

May 18, 2026

KA 25-00018 SCI No: 70131-22/001

Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ.

[*1]

Counsel for appellant having moved to withdraw as counsel on the appeal taken herein from a judgment of the Supreme Court, Onondaga County, rendered February 3, 2023, to withdraw the appellate brief, and for new counsel to be assigned,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as counsel seeks to withdraw is granted, and the Rosenberg Law Firm is discharged as counsel to appellant, and

It is further ORDERED that the motion insofar as it seeks to withdraw the appellate brief is granted, and the appellate brief and record on appeal are deemed withdrawn, and

It is further ORDERED that the Court's scheduling order, entered April 6, 2026, is vacated, and the appeal is removed from the term of Court commencing on October 19, 2026, and

It is further ORDERED that the motion insofar as it seeks the assignment of new counsel on the appeal is denied without prejudice to a motion seeking a waiver of costs, fees and expenses and assignment of counsel that contains a financial affidavit demonstrating defendant's financial status.

Entered: May 18, 2026

Ann Dillon Flynn

Clerk of the Court