Opinion
Motion No: 513461 Ind. No. 2010-M169
03-22-2012
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL A. MOSS Appellant.
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 Ethan Lerman, Esq., P.O. Box 641, Saratoga Springs, NY 12866, (518) 581-7830, is relieved from any further obligation to represent appellant, and it is further
ORDERED that Theresa M. Suozzi, Esq., 480 Broadway, Suite 318, Saratoga Springs, NY 12866, (518) 588-2110, 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 Saratoga 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 Ethan Lerman, Esq., said counsel shall forward those documents to Theresa M. Suozzi, Esq. within ten (10) days of the date of this decision, and it is further
ORDERED that if the appeal is not perfected within 60 days of the date of this decision, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
MERCURE, Acting P.J., ROSE, MALONE JR., STEIN and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court