Appellate Division: Second Judicial Department

M295345

AFA/

BETSY BARROS, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2023-08398 People of State of New York, respondent, v Patrick Carey, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated August 14, 2023. Motion by the appellant to relieve assigned counsel, to substitute retained counsel, and to extend the time to perfect the appeal. The following named attorney was assigned as counsel in the Supreme Court:

N. Scott Banks

40 Main Street, 3rd Fl.

Hempstead, NY 11550

516-560-6400

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 said assigned counsel is directed to turn over all papers in the action to the retained counsel:

Scott Lockwood

375 Commack Road, Ste. 200

Deer Park, NY 11729

and it is further,

ORDERED that the appellant's poor person status is vacated; 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 retained counsel with a copy of the presentence report prepared in connection with or considered by the trial court in connection with the appellant's risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated 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; retained 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing retained counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that retained counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

BARROS, J.P., IANNACCI, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court