Appellate Division: Second Judicial Department

M306188

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

LINDA CHRISTOPHER

LILLIAN WAN, JJ.

2022-01304 The People, etc., respondent, v Kyle S. Novotny, appellant. (Ind. No. 70029/2021)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 6, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal from a judgment of the County Court, Putnam County, rendered January 26, 2022. Motion by the appellant to relieve assigned counsel, to substitute retained counsel, and to continue his status as a party with insufficient means to pay costs, fees, and expenses. The appellant's motion for waiver of costs, fees, and expenses and for assignment of counsel was granted on October 23, 2024, and the following named attorney was assigned as counsel to prosecute the appeal:

Arza R. Feldman

1129 Northern Blvd., Ste. 404

Manhasset, NY 11030

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:

Galgano Sharp LLP

3 International Drive, Ste. 205

Rye Brook, NY 10573

and it is further,

ORDERED that the appellant's status as a party with insufficient means to pay costs, fees, and expenses is continued; 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 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if retained counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that on or before July 28, 2025, retained counsel shall advise this Court, in writing, whether he will adopt the brief filed by former assigned counsel, or make a motion for leave to serve and file a supplemental or replacement brief; 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.

DUFFY, J.P., MILLER, CHRISTOPHER and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

22-B-0276

Riverview Corr. Fac.

P.O. Box 158

Ogdensburg, NY 13669-0158