Opinion
Ind. No. 2010- 3 103711
08-23-2011
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL WYRE, Appellant.
DECISION AND ORDER ON MOTION
Motion by assigned counsel to be relieved from the obligation to further represent appellant herein and for assignment of new counsel.
Upon the papers filed in support of said motion, and no papers having been filed in opposition thereto, it is
ORDERED that Lance N. Salisbury, Esq., P.O. Box 7075, Ithaca, NY 14851-7075, (607) 272-7669, is relieved from any further obligation to represent appellant, and it is further
ORDERED that Mitch Kessler, Esq., 63 Pike Creek Drive, Cohoes, NY 12047, (518) 235-6312, is assigned in the place and stead of said former counsel pursuant to County Law §722, and shall perfect the appeal in accordance with section 800.14 of the Rules of Practice (22NYCR 800.14), it is further
ORDERED that pursuant to section 800.4 (c) of said Rules the Schuyler County Court Clerk is directed to furnish 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, and to forward forthwith the other copy of said transcripts to the Clerk of this Court, provided that if such minutes and other papers and documents have already been provided to said former assigned appellate counsel, such counsel shall forward same to said Mitch Kessler, Esq., within 10 days from the date hereof.
Counsel's time to perfect this appeal is extended to 60 days from the date of this order. In the event the such is not perfected by then, within 10 days thereafter, counsel shall move on notice for a further extension of time.
MERCURE, J.P., SPAIN, LAHTINEN, KAVANAGH and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court