Opinion
2021-75936 Motion 2003-01806
12-13-2021
The People, etc., respondent, v. William Nealy, appellant. Ind. No. 973/2001
Unpublished Opinion
MOTION DECISION
LEONARD B. AUSTIN, J.P. COLLEEN D. DUFFY BETSY BARROS JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the County Court, Nassau County, rendered February 11, 2003, which was determined by decision and order of this Court dated August 1, 2006. By decision and order on motion of this Court dated July 16, 2021, the appellant's application for a writ of error coram nobis to vacate the decision and order of this Court dated August 1, 2006, on the ground of ineffective assistance of appellate counsel, was held in abeyance, and the appellant was granted leave to serve and file a brief on the issue of whether the sentence imposed was excessive. By decision and order on motion of this Court dated October 20, 2021, the following named attorney was assigned as counsel to prosecute the application and brief the issue: Judah Maltz, 125-10 Queens Blvd., Ste. 12, Kew Gardens, NY 11415. Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel. Application by assigned counsel for a writ of error coram nobis to vacate the decision and order of this Court dated August 1, 2006.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and the papers filed in relation thereto, it is it is
ORDERED that the motion to relieve assigned counsel is granted, and Judah Maltz is relieved of the assignment and is directed to turn over all papers in the action to the new counsel herein assigned; and it is further, ORDERED that on the Court's own motion, the application filed by assigned counsel for a writ of error coram nobis as well as the response filed by respondent, are stricken on the ground that this application is duplicative of the appellant's application for a writ of error coram nobis; and it is further, ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the application:
Richard M. Langone
600 Old Country Rd., Ste. 328
Garden City, NY 11530
and it is further,
ORDERED that on the Court's own motion, the appellant's time to serve and file a brief is extended, and on or before February 14, 2022, the appellant shall serve the appellant's brief and upload digital copies of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the County Court, Nassau County.
AUSTIN, J.P., DUFFY, BARROS and ZAYAS, JJ., concur.