Appellate Division: Second Judicial Department

M308784

AFA/

ROBERT J. MILLER, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-03318 The People, etc., respondent, v Paris T. Fyall, appellant. (Ind. Nos. 71450/2021, 769/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered March 10, 2023. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. Separate motion by the appellant to extend the time to perfect the appeal. The appellant was granted waiver of costs, fees, and expenses on June 21, 2024, and the following named attorney was assigned as counsel to prosecute the appeal:

Charles Von Schmidt

9100 Republic Airport, Hanger Three

Farmingdale, NY 11735

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

ORDERED that the motion by assigned counsel to be relieved of the assignment 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:

Salvatore C. Adamo

1345 Avenue of the Americas, 2nd Fl.

New York, New York 10105

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 motion to extend the time to perfect the appeal is granted, 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.

MILLER, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

23-R-0754

Elmira Corr. Fac.

P.O. Box 500

Elmira, NY 14901-0500