Appellate Division: Second Judicial Department

M147022

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-09469 The People, etc., respondent, v David Safran, appellant. (Suffolk County Ind. No. 388/11) 2012-02010 The People, etc., respondent, v David J. Safran, appellant. (Queens County Ind. No. 926/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from a judgment of the Supreme Court, Suffolk County, rendered September 20, 2011, and a judgment of the Supreme Court, Queens County, rendered November 17, 2011, in effect, to direct the Clerk of this Court to accept the appellant's briefs for filing and for a preference in the calendaring of the appeals.

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

ORDERED that the motion is denied unless on or before January 21, 2013, the appellant files a signed waiver of appellate counsel in the form set forth below, acknowledged before a notary public, and which is not signed under protest:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I, David Safran, 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. I understand that if I elect to waive my right to counsel and I am incarcerated at the time my appeal is heard, the Court will not permit me to present oral argument. 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 of things, write an appellate brief.

David Safran

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 David Safran, 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

SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court