People v. People

Full title: THE PEOPLE OF THE STATE OF NEW YORK EX REL. WILLIAM MCCOY…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Mar 13, 2020

2020 N.Y. Slip Op. 67663 (N.Y. App. Div. 2020)

Opinion

KAH 19-01800 Inmate # 18-A-2909 WATERTOWN CORRECTIONAL FACILITY Index No: 2019-0070

03-13-2020

THE PEOPLE OF THE STATE OF NEW YORK EX REL. WILLIAM MCCOY, PETITIONER-APPELLANT, v. THE PEOPLE OF THE STATE OF NEW YORK, ELIZABETH O'MEARA, SUPERINTENDENT, WATERTOWN CORRECTIONAL FACILITY, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

An order having been entered on November 19, 2019, granting poor person relief and assigning Jessica L. Naclerio, Esq., as counsel to perfect the appeal,

Assigned counsel Jessica L. Naclerio, Esq., having moved to vacate dismissal of the appeal, and for permission to withdraw as assigned counsel and for re-assignment of counsel on the appeal taken herein from an order of the Supreme Court, Jefferson County, entered April 5, 2019,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted on the condition that the appeal is perfected on or before May 11, 2020, and

It is further ORDERED that the motion is granted to the extent that Jessica L. Naclerio, Esq., is relieved of her assignment, and

It is further ORDERED that Ryan Muldoon, Esq., 126 Genesee Street, Suite 105, Auburn, New York 13021, is hereby substituted as counsel to conduct the above-entitled appeal taken from an order of the Supreme Court, Jefferson County, entered April 5, 2019, in place and stead of Jessica L. Naclerio, Esq., and

It is further ORDERED that the Jefferson County Clerk provide Ryan Muldoon, 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 appeal may be prosecuted upon one hard copy of the complete record and an original and five hard copies and one digital copy of appellant's brief, pursuant to 22 NYCRR 1250.9 (a) (4).

Entered: March 13, 2020

Mark W. Bennett

Clerk of the Court