Appellate Division: Second Judicial Department

M293809

AFA/

VALERIE BRATHWAITE NELSON, J.P.

DEBORAH A. DOWLING

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2016-05855 The People, etc., respondent, v Silvio Garcia, appellant. (Ind. No. 00687/2015)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Orange County, rendered May 13, 2016. Motion by assigned counsel, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on July 12, 2016, and the following named attorney was assigned as counsel to prosecute the appeal:

Karen A. Sferlazzo, Esq.

20 Spring Street, P.O. Box 401

Warwick, NY 10990

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that 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:

Gary E. Eisenberg

10 Esquire Road, Suite 10

New City, NY 10956

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; and it is further,

ORDERED that the motion is otherwise denied.

BRATHWAITE NELSON, J.P., DOWLING, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043