Opinion
Motion No: KA 13-00828
10-23-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSE GARCIA-CRUZ, DEFENDANT-APPELLANT.
PRESENT: , FAHEY, LINDLEY, AND WHALEN, JJ. Indictment No: 2011-0933-1
Counsel for appellant having moved to withdraw as assigned counsel on the appeal taken from a judgment of Onondaga County Court, rendered May 23, 2012 and appellant having moved for an extension of time to file a pro se supplemental brief,
Now, upon reading and filing the affirmation of Linda M. Campbell, Esq. dated September 5, 2014, the notices of motion with proof of service thereof, the affidavit of Jose Garcia-Cruz sworn to August 29, 2014, and due deliberation having been had thereon,
It is hereby ORDERED the motion of appellate counsel is granted, and Linda M. Campbell, Esq. is relieved of her assignment, and
It is further ORDERED that the Clerk shall remit to the Onondaga County Clerk's Office the papers constituting the record on appeal and shall remit to the parties any and all briefs submitted to this Court, and
It is further ORDERED that the appeal is removed from the day calendar for December 11, 2014, and
It is further ORDERED that John A. Cirando, Esq., 101 S. Salina Street, Suite 1010, Syracuse, New York 13202, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of Onondaga County Court, rendered May 23, 2012, in place of Linda M. Campbell, Esq., and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and
It is further ORDERED that the Clerk of Onondaga County is directed to provide John A. Cirando, 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 said record and briefs are to be filed and served on or before January 21, 2015, and
It is further ORDERED that the pro se motion seeking an extension of time to file a pro se supplemental brief is dismissed as premature.
Entered: October 23, 2014
Frances E. Cafarell, Clerk