Appellate Division: Second Judicial Department

M61346

E/sl

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-06148, 2006-06430 The People, etc., respondent, v Richard Carfora, appellant. (Ind. No. 1225-05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two judgments of the Supreme Court, Suffolk County, both rendered June 13, 2006, inter alia, for leave to prosecute the appeals as a poor person, to enlarge the time to perfect the appeals, and for leave to proceed pro se.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and the amount and source of counsel fees paid to retained counsel; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until March 21, 2008; and it is further,

ORDERED that the branch of the motion which is for leave to proceed pro se is granted on condition that the appellant file a waiver of the right to appellate counsel, properly acknowledged before a notary, in the form set forth below, when he files his brief:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I understand that I have the right to be represented by an attorney in prosecuting my appeals. If I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I voluntarily elect to waive them and to represent myself on the appeals. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.

Richard Carfora

State of

County of

On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared Richard Carfora, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.

Notary Public;

and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court