Opinion
Motion No: 523194
12-21-2016
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC HEADWELL, Appellant.
AMENDED DECISION AND ORDER ON MOTION (Ind. No. 12-4033 SORA)
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 Stephen W. Herrick, Albany County Public Defender, 60 South Pearl Street, 4th Floor, Albany NY, 12207, 518-447-7150, is relieved from any further obligation to represent appellant, and it is further
ORDERED that G. Scott Walling, Esq., 29 Jay Street - #850, Schenectady, NY 12305, 518-832-9257, 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 in accordance with articles 55, 56 and 57 of the CPLR and section 800.4 (c) of this Court's Rules of Practice, and it is further
ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the office of the Albany County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in the matter, and one copy of any other paper or document on file in that office which is material and relevant to the appeal, except those portions which appellate counsel or the court which made the order being appealed determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court. However, if such minutes and other papers or documents were previously provided to Stephen W. Herrick, Esq., said counsel shall forward those documents to G. Scott Walling, Esq. within ten (10) days of the date of this decision, and it is further
ORDERED that if the appeal is not perfected by February 21, 2017, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court