Opinion
Motion No: 104271 Ind. No. 6701
02-08-2012
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL PASSINO JR., 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 Marcel J. Lajoy, Esq., 1842 Western Avenue, Albany, NY 12203, (518) 452-5832, is relieved from any further obligation to represent appellant, and it is further
ORDERED that David Abbatoy, Esq., 250 Mill Street, Rochester, NY 14614, (585) 348-8081, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and the appeal shall be perfected in accordance with section 800.14 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 Warren 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 criminal court 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 Marcel J. Lajoy, Esq., said counsel shall forward those documents to David Abbatoy, 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.
PETERS, J.P., ROSE, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court