Opinion
Motion No. 108419
11-17-2023
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HOFFLER, Appellant. (Ind No. 04-1024)
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
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 Linda B. Johnson, c/o Hinman Howard & Kattell, LLP, 573 Columbia Turnpike, Bldg 2, East Greenbush, NY 12061, 518-708-6065, is relieved from any further obligation to represent appellant, and it is further
ORDERED that Mitchell S. Kessler, Esq., 63 Pike Creek Drive, Cohoes, NY 12047-1229, 518-235-6312, 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 section 850.7 of this Court's Rules of Practice, and it is further
ORDERED that pursuant to section 850.11 (a) of this Court's Rules of Practice, the Rensselaer 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 electronic copy of the record. However, if such minutes and other papers or documents were previously provided to Linda B. Johnson, Esq., said counsel shall forward those documents to Mitchell S. Kessler, 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 March 18, 2024, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Garry, P.J, Aarons, McShan and Powers, JJ, concur.