Appellate Division: Second Judicial Department

M218042

E/sl

THOMAS A. DICKERSON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2013-05077 The People, etc., respondent, v Andrew Kovalsky, appellant. (Ind. No. 98/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the County Court, Dutchess County, rendered April 29, 2013, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for poor person relief, to be provided with certain documents, without charge, and for leave to prosecute the appeal pro se.

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 branch of the motion which is, in effect, to restore the appeal to active status is granted; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction; and it is further,

ORDERED that the branch of the motion which is, to be provided with certain documents, without charge, is denied without prejudice to renew in the event poor person relief is granted; and it is further,

ORDERED that the branch of the motion which is, for leave to prosecute the appeal pro se is granted, and at the time the appellant serves and files his brief he shall file a waiver of his right to appellate counsel in the form set forth below, acknowledged before a notary public:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I, Andrew Kovalsky, 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.

Andrew Kovalsky

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 Andrew Kovalsky, 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

DICKERSON, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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