Opinion
110526
11-26-2018
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RACHAEL BARRALES, Appellant.
DECISION AND ORDER ON MOTION (Ind. Nos. 51W-2017)
Motion to be relieved of assignment and to assign new counsel.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and John Ferrara, Esq., 548 Broadway, Monticello, NY 12701-0785, 845-794- 1303, is relieved from any further obligation to represent appellant, and it is further
ORDERED that Henry C. Meier, Esq., P.O. Box 388, Delmar, NY 12054, 518-573-3110, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and it is further
ORDERED that the appeal shall be perfected by the appendix method in accordance with section 1250.5 (c) of the Practice Rules of the Appellate Division and, in addition to the requirements of section 1250.9 (a) (2) of the Practice Rules of the Appellate Division, counsel is directed to file with the Clerk of this Court, with proof of service of a copy upon respondent, one hard copy of the record on appeal, which has been stipulated to pursuant to CPLR 5532, certified pursuant to CPLR 2105 after providing 20 days notice to respondent, or settled by the court from which the appeal is taken, and it is further
ORDERED that pursuant to section 850.11 (a) of this Court's Rules of Practice, the Sullivan County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter and one copy of any other paper or document on file in that office which is material and relevant to this appeal, except those portions which appellate counsel or the court from which the appeal is taken determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court, and the transcripts shall be omitted from the hard copy and the digital copy of the record. However, if such minutes and other papers or documents were previously provided to John Ferrara, Esq., said counsel shall forward those documents to Henry C. Meier, Esq., within ten (10) days of the date of this decision, and it is further
ORDERED that if the appeal is not perfected on or before January 25, 2019, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Garry, P.J., Egan Jr., Devine and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court