Opinion
Motion No: KA 11-01135 Indictment No: 2009-0354D
03-06-2015
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MUZZAMMIL S. HASSAN, ALSO KNOWN AS MO HASSAN, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved for reassignment of counsel to prosecute the appeal taken from a judgment of the Erie County Court, rendered March 9, 2011, and to strike the brief filed by attorney Kevin J. Bauer, Esq.,
Now, upon reading and filing the affidavits of Muzzammil Hassan sworn to February 6, 2015 and February 3, 2015, the notices of motion with proof of service thereof, the affirmation of Kevin J. Bauer, Esq. dated February 19, 2015, the statement of Donna A. Milling, Esq. dated February 10, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and appellant's brief is deemed withdrawn, and
It is further ORDERED that Kevin J. Bauer, Esq. is relieved of his assignment, and
It is further ORDERED that the appeal is removed from the term of this Court commencing on September 8, 2015, and
It is further ORDERED that the Clerk shall remit to the Erie County Clerk's Office the papers constituting the record on appeal and shall remit to the parties any and all briefs and exhibits submitted to this Court, and
It is further ORDERED that Michael Stachowski, Esq., 2025 Clinton Street, Buffalo, New York 14206 is substituted as counsel to conduct the above-entitled appeal taken from the judgment of the Erie County Court, rendered March 9, 2011, in place of Kevin J. Bauer, Esq., and the appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's briefs reproduced pursuant to CPLR 5529, and
It is further ORDERED that the Clerk of Erie County is directed to provide Michael Stachowski, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and
It is further ORDERED that the ordering paragraph of the order of this Court entered October 21, 2014 is hereby amended by striking therefrom the date January 20, 2015 and inserting in place thereof the date July 6, 2015.
Entered: March 6, 2015
Frances E. Cafarell, Clerk