Appellate Division: Second Judicial Department

M287646

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2019-12800 People of State of New York, respondent, v Edward Hysmith, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated September 10, 2019. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal 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 on April 23, 2021, and the following named attorney was assigned as counsel to prosecute the appeal:

Jeffrey P. Scaggs

301 Old Tarrytown Road

White Plains, NY 10603

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:

Jason M. Bernheimer

480 Bedford Road, Ste. 3201

Chappaqua, NY 10514-1715

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.

BRATHWAITE NELSON, J.P., MALTESE, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court