Appellate Division: Second Judicial Department

M115822

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-05029 The People, etc., respondent, v Danny Klimcak, appellant. (Ind. No. 664/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect appeals from a judgment of the Supreme Court, Queens County, rendered May 19, 2010, and, in effect, 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 to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal 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 appeal is enlarged until May 23, 2011; 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 appeal. 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 appeal. 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.

Danny Klimcak

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 Danny Klimcak, 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

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court