Appellate Division: Second Judicial Department

M141308

T/ct

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-10775 The People, etc., respondent, v Anthony Badalamenti, appellant. (Ind. No. 2695/08)

DECISION & ORDER ON MOTION

Motion by Thomas F. Liotti, retained counsel for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Nassau County, rendered November 4, 2009. Separate motion by the appellant pro se, in effect, for leave to prosecute the appeal as a poor person, and for the assignment of new counsel.

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

ORDERED that the motion by the appellant's retained counsel for leave to withdraw as counsel is granted; and it is further,

ORDERED that the motion by the appellant pro se, in effect, for leave to prosecute the appeal as a poor person, and for the assignment of counsel 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.

FLORIO, J.P., LEVENTHAL, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court