Opinion
Motion No: 108451
03-22-2017
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST MULLER, Appellant.
DECISION AND ORDER ON MOTION (DA 684-15)
Application to change attorney and relieve assigned counsel, and continue appellant's poor person status.
Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is
ORDERED that the application 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 on this appeal and that Theresa M. Suozzi, Esq., 480 Broadway, Suite 380, Saratoga Springs, NY 12866, 518-581-3166, be substituted as retained counsel, and it is further
ORDERED that appellant's poor person status is continued, and it is further
ORDERED that Stephen W. Herrick, Esq. shall deliver to appellant's retained counsel any and all transcripts, documents and other items in his possession relative to this appeal within in 15 days of the date of this decision, and it is further
ORDERED that if the appeal is not perfected by May 22, 2017, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Peters, P.J., Garry, Egan Jr. and Clark, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court