Appellate Division: Second Judicial Department

M303332

AFA/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2022-01304 The People, etc., respondent, v Kyle S. Novotny, appellant. (Ind. No. 70029/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Putnam County, rendered January 26, 2022. Motion by the appellant pro se to relieve counsel assigned to prosecute the appeal, for the assignment of new counsel, and to strike the brief previously filed by assigned counsel. The appellant's motion for waiver of costs, fees, and expenses was granted on October 23, 2024, and the following named attorney was assigned as counsel to prosecute the appeal:

Salvatore C. Adamo

1345 Avenue of the Americas, 2nd Floor

New York, NY 10105

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Arza R. Feldman

1129 Northern Blvd., Ste. 404

Manhasset, NY 11030

and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,

ORDERED that the brief filed by the appellant's assigned counsel is stricken; and it is further,

ORDERED that on the Court's own motion, the respondent's brief is stricken; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

DUFFY, J.P., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

22-B-0276

Riverview Corr. Fac.

P.O. Box 158

Ogdensburg, NY 13669-0158