Opinion
Motion No: 2012-02219
05-31-2016
The People, etc., respondent, v. Francisco Acevedo, appellant.
M212111
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
(Ind. No. 09-01585)
DECISION & ORDER ON MOTION
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered January 17, 2012, and reinstate prior assigned counsel. By decision and order on motion of this court dated February 6, 2013, former assigned counsel was relieved of the assignment, and the following named attorney was assigned to prosecute the appeal:
Del Atwell, Esq.
39 5th Street,
East Hampton, NY 11937
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to 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:
Stewart A. McMillan, Esq.
McMillan, LLP
2180 Boston Post Road
Larchmont, NY 10538
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 pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until July 11, 2016.
DILLON, J.P., BALKIN, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
09-A-2456
Wende Corr. Fac.
3040 Wende Road
Alden, New York 14004-1187