Opinion
KA 02-00941 Indictment No: 01-020A
03-01-2016
PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. NICHOLAS J. OSMAN, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved for the substitution of counsel on an appeal taken from a judgment of Chautauqua County Court, rendered December 3, 2001, and for other relief,
Now, upon reading and filing the affirmation of Thomas Theophilos, Esq. dated January 4, 2016, the notice of motion with proof of due service thereof, the affidavit of Nicholas Osman sworn to December 24, 2015, the substitution of counsel signed by Nicholas Osman on December 9, 2015, signed by Thomas P. Theophilos, Esq. on December 9, 2015, and signed by Estelle Jana Roond, Esq. on December 14, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the order of this Court entered July 12, 2010 is vacated, and defendant may proceed on appeal as a poor person with Thomas Theophilos, Esq. as counsel, and
It is further ORDERED that the Clerk of the County of Chautauqua is hereby directed to provide Thomas Theophilos, Esq. with copies of all papers and stenographic transcripts, digitally recorded or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and
It is further ORDERED that the motion is otherwise denied.
Entered: March 1, 2016
Frances E. Cafarell, Clerk